KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 3)

[2020] NSWCA 158

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Third party costs orders
3. › Application against non-parties
4. › Parents lending funds to child to conduct litigation
5. › Whether parental financial support and emotional desire for child to succeed sufficient to warrant third party costs order
6. › Civil Procedure Act 2005 (NSW), s 98
1. Costs
2. › Third party costs orders
3. › Principles governing exercise of discretion
4. › Criteria identified in FPM Constructions v Council of the City of Blue Mountains
5. › Nature of third party interest
6. › Whether criteria to be applied mechanically
1. Defamation
2. › Costs
3. › Application for third party costs order following successful appeal by defendants

Quick Take

Practitioners seeking third party costs orders against family members who have merely lent funds and provided emotional support to a litigant should note that such circumstances alone are unlikely to warrant an order under s 98, particularly where the family members had no active involvement in the conduct of the litigation and no independent interest in its outcome.