Ashton v Pratt No 2

[2015] NSWCA 134

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs orders against children
4. › Whether unsuccessful cross-appellants who are minors should pay costs
5. › Whether tutor should be personally liable for costs
1. Practice and Procedure
2. › Costs
3. › Costs orders against joined parties
4. › Where successful party unsuccessfully opposed joinder application
5. › Whether opposition to joinder warrants departure from usual costs rule
1. Practice and Procedure
2. › Costs
3. › Departure from usual rule that costs follow the event
4. › Analogy with probate principle that estate bears costs where testator caused the problem
5. › Whether principle applies to promise made during lifetime held not to create legal relations

Quick Take

The probate principle that where a testator has caused the problem the estate should bear the costs does not apply to litigation concerning a promise made during the promisor's lifetime that was held not to create legal relations. A tutor's lack of personal benefit from proceedings does not warrant relieving the tutor from costs liability, as responsibility for costs is one purpose of appointing a tutor. The fact that a successful party opposed joinder does not mean the joined party should escape a costs order if the joined party made a positive case and was ultimately unsuccessful.