Newbeld & Newbeld and Anor (Costs)

Case

[2007] FamCA 1650

13 December 2007


Details
AGLC Case Decision Date
Newbeld & Newbeld and Anor (Costs) [2007] FamCA 1650 [2007] FamCA 1650 13 December 2007

CaseChat Overview and Summary

In the matter of *Newbeld & Newbeld and Anor (Costs)*, May J of the Family Court of Australia considered an application for costs following an appeal. The appeal concerned family law matters, and the court was required to determine whether to grant leave to adduce further evidence regarding the wife's current income and to make orders as to costs.

The primary legal issues before the court were whether the proposed further evidence was relevant and likely to affect the outcome of the appeal, and consequently, how costs should be ordered between the parties. The court also had to consider the usual principles governing the award of costs in family law proceedings, particularly in the context of an unsuccessful appeal.

May J determined that the further evidence sought to be adduced by the wife would not make any difference to the outcome of the appeal, and therefore, leave to adduce that evidence was not granted. The appeal itself was dismissed. In relation to costs, May J ordered that the appellant pay the costs of the second respondent, the Child Support Registrar, to be assessed. Otherwise, there were no orders as to costs in relation to the first respondent.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Fox v Percy [2003] HCA 22