Trouton v Trouton

[2025] QCA 128

Queensland Court of Appeal

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Interrogate

Catchwords

1. Procedure
2. › Civil proceedings in state and territory courts
3. › Costs
4. › Parties and non-parties
5. › Non-parties generally
6. › General principles
7. › Whether non-party costs order should be made against daughter who supported mother's unsuccessful fraud claim
8. › Whether primary judge erred in exercise of discretion
1. Procedure
2. › Civil proceedings in state and territory courts
3. › Costs
4. › Parties and non-parties
5. › Notice or warning
6. › Whether failure to warn non-party of intention to seek costs order was determinative
7. › Whether warning requirement is a fixed prerequisite or a factor dependent on circumstances
8. › Significance of warning in marginal cases for non-party costs orders

Quick Take

In marginal cases for non-party costs orders where it is not obvious the non-party would be liable, the failure of the successful party to warn the non-party of the intention to seek a costs order may be determinative against making the order, not merely one factor to be weighed.