Angus Property v Foukkare; Angreb Pty Ltd v Foukkare

The case involved a dispute between Angus Property and Foukkare, as well as Angreb Pty Ltd and Foukkare. The primary issue was the division of shares and interests in trusts held by either or both parties. Foukkare held one share in each of two companies and had trust interests, and the husband sought declarations that she held no beneficial interest in these shares or trusts. The proceedings were initially commenced in the Supreme Court but were later intervened by Family Court proceedings seeking similar relief. The husband consented to a declaration in the Family Court that Foukkare had no beneficial interest in the shares or trusts.

The court was required to decide whether the husband's cross-claim alleging abuse of process was valid and whether the husband's refusal to accept offers to terminate the Supreme Court proceedings, including no orders except consequent upon an argument on costs, was justified. The court also needed to determine the appropriate costs order in light of the husband's consent to the declaration in the Family Court and the subsequent consent orders made in the Supreme Court.

The court reasoned that the husband's cross-claim was not well-founded as there were no principles involved that would warrant such a claim. It found that the husband's refusal to accept the offers to terminate the Supreme Court proceedings was unreasonable and that the husband had acted vexatiously. Consequently, the court ordered that the husband pay the respondents' costs of the proceedings in the Supreme Court. The court also dismissed the husband's cross-claims and granted leave to discontinue the proceedings.