Pagan & Beattie & Anor (No.3)
Case
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[2018] FCCA 606
•29 March 2018
Details
AGLC
Case
Decision Date
Pagan and Beattie and Anor (No.3) [2018] FCCA 606
[2018] FCCA 606
29 March 2018
CaseChat Overview and Summary
In *Pagan & Beattie & Anor (No.3)*, heard by Obradovic J, the maternal grandparents were ordered to pay the father's costs. The applicant, who was wholly unsuccessful in the proceedings, was the subject of this costs order.
The central legal issue before the court was whether the circumstances of the case justified making a costs order against the unsuccessful applicant.
Obradovic J determined that the applicant's complete lack of success in the proceedings warranted a costs order in favour of the father. The court applied the general principle that costs follow the event, particularly where one party has been entirely unsuccessful. The final orders stipulated that the maternal grandparents were to pay the father's costs in the amount of $3,480.50 within 42 days.
The central legal issue before the court was whether the circumstances of the case justified making a costs order against the unsuccessful applicant.
Obradovic J determined that the applicant's complete lack of success in the proceedings warranted a costs order in favour of the father. The court applied the general principle that costs follow the event, particularly where one party has been entirely unsuccessful. The final orders stipulated that the maternal grandparents were to pay the father's costs in the amount of $3,480.50 within 42 days.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Penfold v Penfold
[1980] HCA 4
Cochrane & Cochrane
[2012] FMCAfam 984
Latoudis v Casey
[1990] HCA 59