Vollmer v Hauber-Davidson
Case
•
[2005] NSWCA 237
•11 July 2005
Details
AGLC
Case
Decision Date
Vollmer v Hauber-Davidson [2005] NSWCA 237
[2005] NSWCA 237
11 July 2005
CaseChat Overview and Summary
In *Vollmer v Hauber-Davidson*, the Full Court of the Supreme Court of Western Australia considered an application for leave to appeal concerning costs orders made in a de facto relationship property dispute. The applicant sought to challenge the costs orders that had been made against them in the primary proceedings.
The central legal issue before the Full Court was whether the applicant had demonstrated sufficient grounds to warrant granting leave to appeal against the costs orders. This required the Court to assess whether there was a reasonably arguable case of error in the primary judge's exercise of discretion regarding costs.
The Full Court granted leave to appeal, indicating that the applicant had presented a case with a reasonably arguable prospect of success. The Court then directed that the notice of appeal be filed within 28 days, thereby permitting the substantive appeal against the costs orders to proceed.
The central legal issue before the Full Court was whether the applicant had demonstrated sufficient grounds to warrant granting leave to appeal against the costs orders. This required the Court to assess whether there was a reasonably arguable case of error in the primary judge's exercise of discretion regarding costs.
The Full Court granted leave to appeal, indicating that the applicant had presented a case with a reasonably arguable prospect of success. The Court then directed that the notice of appeal be filed within 28 days, thereby permitting the substantive appeal against the costs orders to proceed.
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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Appeal
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Costs
Actions
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Most Recent Citation
Gray v Ferguson [2008] NSWSC 1066
Cases Cited
2
Statutory Material Cited
1
Minister for Immigration and Citizenship v Li
[2013] HCA 18
Minister for Immigration and Citizenship v Li
[2013] HCA 18
Howland v Ellis
[1999] NSWSC 1142