Ripley and Nestor

Case

[2018] FamCA 1051

4 December 2018


Details
AGLC Case Decision Date
Ripley and Nestor [2018] FamCA 1051 [2018] FamCA 1051 4 December 2018

CaseChat Overview and Summary

In the matter of Ripley and Nestor, heard before Cronin J, the applicant sought leave to withdraw her application filed on 21 August 2018. Concurrently, the respondent's response to an application filed on 22 October 2018 was struck out, and a specific paragraph from orders made on 24 September 2018 was discharged.

The court was required to determine whether to grant the applicant leave to withdraw her application and to consider the appropriate orders regarding the respondent's response and prior court orders. The matter also involved the allocation of costs.

Cronin J granted the applicant leave to withdraw her application. The court ordered that the respondent's response be struck out and discharged paragraph (3) of the previous orders. The applicant wife was ordered to pay the respondent husband's costs thrown away on that day, fixed at $1,500, payable within 90 days. The reasons for the decision were to be transcribed and made available to the parties.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Prantage & Prantage [2013] FamCAFC 105
PRANTAGE & PRANTAGE [2012] FamCA 661