Keane v Keane

The matter of Keane v Keane was heard in the Supreme Court of Victoria. The dispute between the parties centred on an application for costs in the context of an interlocutory proceeding. The applicant sought a costs order against the respondent following an adjournment that resulted in the costs being thrown away. The central issue before the court was whether the applicant was entitled to recover costs despite the costs being effectively nullified by the adjournment. The court was required to determine the appropriate approach to costs in such circumstances, particularly where there is no underlying issue of principle at stake.

The court examined the principles governing costs orders in interlocutory proceedings and the circumstances that warrant a costs order being thrown away. It considered whether the adjournment resulted in the costs being effectively lost and whether this was sufficient grounds for awarding costs. The court noted that while costs are generally thrown away by an adjournment, there may be exceptional cases where costs can be recovered if certain criteria are met. However, in this instance, the court found that no such exceptional circumstances were present, and the adjournment had indeed resulted in the costs being thrown away. As such, the court concluded that the applicant was not entitled to recover costs.

The court's reasoning was grounded in established legal principles and the specific facts of the case. It determined that there was no issue of principle that warranted departing from the general rule that costs are thrown away by an adjournment. The court emphasised that while the applicant had incurred costs, the effect of the adjournment meant that these costs were not recoverable. Consequently, the applicant's application for costs was dismissed. No further orders were made by the court.