Lewington v Dulyakarn (No 2)

The case of Lewington v Dulyakarn (No 2) involved a dispute between the parties in the Federal Circuit and Family Court of Australia. The dispute arose from a contentious family law matter, involving claims for spousal maintenance and property settlement. The matter was brought before the court on an application for costs, following a mixed outcome in the proceedings.

The central legal issue before the court was the application of the general rule that costs follow the event, particularly in the context of a mixed outcome. The court was required to decide whether it was appropriate to apportion the costs between the parties, given that neither party had entirely succeeded in their claims. The court considered the relevant principles and discretion to be exercised in apportioning costs, taking into account the nature and extent of the success of each party, as well as other relevant factors.

The court determined that it was appropriate to apportion the costs between the parties, given the mixed outcome of the proceedings. The court considered that neither party had achieved a complete success and that it was necessary to balance the costs incurred by each party in relation to the extent of their success. The court exercised its discretion to apportion the costs in a manner that reflected the relative success of each party and the overall fairness of the outcome. The court held that there was no question of principle involved in the apportionment of costs in this case.

As a result of the court's determination, the costs were apportioned between the parties in accordance with the court's assessment of their relative success. The final orders of the court reflected the apportionment of costs and provided for the payment of the costs in accordance with the court's directions.