Roberts & Ors and Pedrana & Ors (No. 2)
Case
•
[2013] FamCA 370
•24 May 2013
Details
AGLC
Case
Decision Date
Roberts & Ors and Pedrana & Ors (No. 2) [2013] FamCA 370
[2013] FamCA 370
24 May 2013
CaseChat Overview and Summary
In *Roberts & Ors and Pedrana & Ors (No. 2)*, Cronin J of the Supreme Court of Victoria was required to determine costs orders following financial proceedings between the wife, the husband's bankrupt estate trustees, and other respondents. The dispute concerned the financial aspects of the marriage, distinct from parenting matters.
The primary legal issue before the court was the allocation of costs between the parties, particularly in light of the husband's bankruptcy and the involvement of his trustees in the financial proceedings. The court needed to consider whether the second and third respondents, who were not the husband's trustees, should bear the costs of the wife and the trustees themselves.
Cronin J ordered that the second and third respondents pay the wife's costs in relation to the financial proceedings, and also the costs incurred by the trustees of the husband's bankrupt estate in those same financial proceedings. These costs were to be determined by agreement between the parties, or failing agreement, as assessed by the court. All other outstanding applications were dismissed.
The primary legal issue before the court was the allocation of costs between the parties, particularly in light of the husband's bankruptcy and the involvement of his trustees in the financial proceedings. The court needed to consider whether the second and third respondents, who were not the husband's trustees, should bear the costs of the wife and the trustees themselves.
Cronin J ordered that the second and third respondents pay the wife's costs in relation to the financial proceedings, and also the costs incurred by the trustees of the husband's bankrupt estate in those same financial proceedings. These costs were to be determined by agreement between the parties, or failing agreement, as assessed by the court. All other outstanding applications were dismissed.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Insolvency
-
Equity & Trusts
Legal Concepts
-
Costs
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1