Theo and Theo
Case
•
[2009] FamCA 1111
•29 October 2009
Details
AGLC
Case
Decision Date
Theo and Theo [2009] FamCA 1111
[2009] FamCA 1111
29 October 2009
CaseChat Overview and Summary
In *Theo and Theo*, Jordan J considered an application for costs in family law proceedings. The wife sought costs related to property proceedings determined on 22 December 2005, as well as previously reserved costs orders made in her favour between 2002 and 2004.
The central legal issue before the court was the wife's entitlement to costs, and consequently, the husband's liability for those costs. The court was required to determine whether the wife's application for costs should be granted, and if so, to what extent, and also to consider the wife's obligation to pay costs to the husband.
Jordan J dismissed the wife's application for costs. The court ordered that the wife pay the husband the sum of $200,000, and further ordered that the wife pay the husband's costs of and incidental to the costs application itself, fixed at $15,902. Interest was to accrue on these payments from the date of the order.
The central legal issue before the court was the wife's entitlement to costs, and consequently, the husband's liability for those costs. The court was required to determine whether the wife's application for costs should be granted, and if so, to what extent, and also to consider the wife's obligation to pay costs to the husband.
Jordan J dismissed the wife's application for costs. The court ordered that the wife pay the husband the sum of $200,000, and further ordered that the wife pay the husband's costs of and incidental to the costs application itself, fixed at $15,902. Interest was to accrue on these payments from the date of the order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Citations
Theo and Theo [2009] FamCA 1111
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