NSW Caselaw
New South Wales Supreme Court
CITATION : Moussa v Moussa - Costs [2006] NSWSC 509 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24/04/06
JUDGMENT DATE : 29 May 2006
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : No order as to costs
CATCHWORDS : PROCEDURE - costs - Family Provision Act claim - where plaintiff's claim had merit but failed because of greater need for claims of widow and young child to be met out of estate consisting of matrimonial home only - no order as to costs
Civil Procedure Act 2005, s.98 LEGISLATION CITED : Family Provision Act 1982, s.33 Uniform Civil Procedure Rules 2005, rule 42.1
Bearns v Bearns-Hayes (unreported, NSWSC, Young J, 6 May 1997) Coombes v Ward (No 2) [2002] VSC 84 CASES CITED : Jvancich v Kennedy (No 2) [2004] NSWCA 397 Re Sherborne Estate (No 2); Vanvalen v Neaves [2005] NSWSC 1003 Singer v Berghouse (1993) 114 ALR 521
PARTIES : Therese Mary Moussa and Samuel Latif Moussa by their next friend Anita Devi Gounder - Plaintiffs Deborah Veronica Moussa - Defendant
FILE NUMBER(S) : SC 5147/04
COUNSEL : Mr J.R. Wilson SC - Plaintiffs Mr L.J. Ellison SC - Defendant
SOLICITORS : The Hargreaves Practice - Plaintiffs MacLarens - Defendants
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
MONDAY, 29 MAY 2006
5147/04 THERESE MARY MOUSSA AND SAMUEL LATIF MOUSSA BY THEIR NEXT FRIEND ANITA DEVI GOUNDER v DEBORAH VERONICA MOUSSA JUDGMENT ON COSTS
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