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Gallegos & Berntsson
[2025] FedCFamC1F 125
Citation 1
(Para 6)
…he making of costs orders under that scheme. (c)Following the decisions in Manieri & Anor v Cirillo (2014) 47 VR 127 and Mourik v Von Marburg [2016] VSC 601, the Supreme Court (General Civil Procedure) Rules 2015 (Vic) (“the Victorian Rules”) were amended to include r 63.34.2 which at subsection 1 provides that:…
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In the matter of Sirrah Pty Ltd
[2024] NSWSC 953
Citation 2
(Para 20)
…ts by a successful party which is under a legal liability to pay them, although that liability may be qualified: Mourik v Von Marburg [2016] VSC 601 at [20] ff. Mr Elliott also rightly submits that that principle has the result that costs are usually confined to those that the successful party is primarily and po…
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Foundas v Arambatzis (No 4)
[2023] NSWSC 1648
Citation 3
(Para 15)
…y them, but it is not necessary that the costs have already been paid, or even that an invoice has been rendered: at [6], citing Mourik v Von Marburg [2016] VSC 601 at [20]; Shaw v Yarranova Pty Ltd [2011] VSCA 55 at [9]; Wentworth v Rogers (2006) 66 NSWLR 474; [2006] NSWCA 145 at [126]; Maineri v Cirillo (2014)…
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E1 v E2; E Pty Limited v E2
[2023] NSWDC 411
Citation 4
(Para 46)
…In Mourik v Von Marburg [2016] VSC 601, Wood AsJ appeared to prefer the position taken by Santow JA (at [23]), referring (at [22] to the entitlement to claim costs by a successful party under a liability to pay “even though the likelihood of being called upon to do so is remote”).…
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Viscariello v Macks (No 3)
[2021] SASC 69
Citation 5
(Para 25)
…rms of the Deed of Settlement dated 29 January 2014 had not breached the indemnity principle. [9] [2019] HCATrans 227. [10] (2006) 66 NSWLR 474. [11] [2016] VSC 601.…
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In the matter of Sirrah Pty Ltd (in prov liq)
[2021] NSWSC 492
Citation 6
(Para 20)
…ecovery of costs by a successful party which is under a legal liability to pay them, although that liability may be qualified: Mourik v Von Marburg [2016] VSC 601 at [20] ff. Mr Elliott also rightly submits that that principle has the result that costs are usually confined to those that the successful party is pr…
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In the matter of Ryals Hotel Pty Ltd
[2021] NSWSC 42
Citation 7
(Para 6)
…recovery of costs by a successful party which is under a legal liability to pay them, although that liability may be qualified: Mourik v Von Marburg [2016] VSC 601 at [20]ff. Mr Elliott also rightly submits that that principle has the result that costs are usually confined to those that the successful party is p…
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Players Pty Ltd (in Liq) v Clone Pty Ltd
[2019] SASC 186
Citation 8
(Para 23)
…If there is presently no obligation to pay, there cannot be any amount awarded pursuant to an interim allocatur: Mourik v Marburg [2016] VSC 601 at [29]-[30].…
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Kitay, in the matter of Frigger (No 2)
[2018] FCA 1032
Citation 9
(Para 6)
…s where there was no liability to pay unless and until there had been recovery of costs: see the review of the relevant cases in Mourik v Von Marburg [2016] VSC 601. Nor is it a case where the right of the solicitor to render an account was conditional upon a successful outcome or depended upon an alteration of t…
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Royal v El Ali (No 3)
[2016] FCA 1573
Citation 10
(Para 18)
…Mourik v Von Marburg [2016] VSC 601 ( “ Mourik v Von Marburg ” ), on which the respondents also relied, likewise does not assist their case. The applicant in Mourik v Von Marburg , had obtained several interlocutory costs orders in his favour and had a right to have those costs taxed although the substantive hear…
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Wellington v Metcalf (No 2)
[2025] VSC 243
Citation 11
(Para 13)
…s of the prospect of the applicants having to pay those costs.’[63] [62] Royal , [44]. Further, her Honour distinguished Mourik v Von Marburg [2016] VSC 601 because the obligation to pay fees was not conditional only on recovery of costs: see Royal , [45]. [63] Royal , [52].…