Peterson & Davis

In the matter of PAC 1208 of 2016, Ms Peterson was the applicant, and Mr Davis and Mr Cusson were respondents, along with other parties. The dispute concerned an application for costs arising from the dismissal of an application for the appointment of a case guardian. The decision was made by Foster J.

The primary legal issue before the court was the determination of the applicable principles for awarding costs in this specific family law context, following the dismissal of the application for a case guardian.

Foster J considered the principles governing costs in family law proceedings. The court ultimately made an order for costs, directing the first respondent, Mr Davis, to pay the second respondent, Mr Cusson's, costs associated with an application filed by Mr Davis on 16 September 2020. These costs were quantified at $7,500 and were ordered to be a charge against Mr Davis's interest in the proceeds of sale of a property located at C Street, Suburb B, New South Wales.