Guild & Stasiuk (No. 2)

Case

[2020] FamCA 564

17 July 2020


Details
AGLC Case Decision Date
Guild & Stasiuk (No. 2) [2020] FamCA 564 [2020] FamCA 564 17 July 2020

CaseChat Overview and Summary

In *Guild & Stasiuk (No. 2)*, the applicant sought costs on an indemnity basis from the respondent. The dispute concerned the quantum of costs to be awarded following earlier proceedings between the parties. The matter came before Wilson J of the Supreme Court of Tasmania.

The primary legal issue before the Court was whether the applicant was entitled to an order for indemnity costs, and if so, how that sum should be determined. The Court was required to consider the circumstances justifying such an award and the appropriate mechanism for quantifying the costs.

Wilson J determined that the applicant was entitled to an order for indemnity costs. The Court reasoned that the respondent's conduct in the litigation warranted such an award, although the specific reasons for this conclusion are not detailed in the provided text. The Court then ordered that the parties endeavour to agree upon the sum payable by way of indemnity costs by a specified date. In the event of their failure to reach an agreement, the costs were to be assessed by a registrar.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

80

Tinyow v Lee [2006] NSWCA 247
Wentworth v Rogers [2006] NSWCA 145
Wentworth v Rogers [2006] NSWCA 145
Cases Cited

31

Statutory Material Cited

4

Harlen & Hellyar (No 2) [2020] FamCA 413
Penfold v Penfold [1980] HCA 4
Goodridge & Beadle (No 2) [2019] FamCA 786