Banks & Anor and Sullivan

[2013] FamCA 716

FAMILY COURT OF AUSTRALIA

BANKS AND ANOR & SULLIVAN [2013] FamCA 716

FAMILY LAW –COSTS ––– Injunction proceedings

Family Law Act 1975 (Cth) ss 117

Bodilly & Hand (No. 2) [2012] FamCA 734
Colgate Palmolive Co and Another v Cussons Pty Ltd [1993] FCA 536; (1993) 46 FCR 225
Stephens & Stephens and Anor (Enforcement) (Costs) [2010] FamCAFC 172

APPLICANT:	Ms Banks
APPLICANT:	Mr Tyler

RESPONDENT: Ms Sullivan

FILE NUMBER: SYC 889 of 2008

DATE DELIVERED: 13 September 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Justice Loughnan

HEARING DATE: 12 August 2013

REPRESENTATION

MS BANKS: In Person by phone

SOLICITOR FOR MR TYLER: Mr Holmes

MS SULLIVAN: In Person

Orders

1. That within six months Ms Sullivan pay to Ms Banks or as she may direct, the costs of Ms Banks of and incidental to the proceedings concluded by judgment delivered on 12 April 2013, assessed in the sum of $14,000.

2. That Ms Sullivan pay to the solicitor for Mr Tyler, the costs of Mr Tyler of and incidental to the proceedings concluded by judgment delivered on 12 April 2013, as agreed or assessed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Banks and Anor & Sullivan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 889 of 2008

Ms Banks

Applicant

And

Mr Tyler

Applicant

And

Ms Sullivan

Respondent

REASONS FOR JUDGMENT

Introduction

1. Mr Tyler (father) and Ms Sullivan (mother) are parents involved in longstanding and ongoing proceedings about their son, D. Before the Court are the applications by a third party, Ms Banks and the father for costs arising out of interlocutory proceedings for injunctions and other orders determined by me on 12 April 2013.

2. Also before me on the hearing of the costs applications were Ms Banks’ Application in a Case filed 1 July 2013 for injunctions and an application by the mother for summary dismissal of that application. Ms Banks applied for an adjournment of her application. For reasons given on the day the Application in a Case filed by Ms Banks on 1 July 2013 was dismissed and it was therefore not necessary to address the adjournment application.

Applications

1. Ms Banks and the father seek orders against the mother for their costs arising out of the proceedings determined on 12 April 2013. The mother opposes those applications.

2. Ms Banks seeks an order for costs in the sum of $17,311.

3. The father  seeks an order for costs in the sum of $10,125 or such other amount as the Court may assess.

4. The issues include the liability for costs and if there are to be costs orders the basis for calculating costs and the mechanism for quantifying them.

Written Evidence

1. Ms Banks relied on the following documents:

   Application in a Case filed 29 April 2013;

   Affidavit of Ms B Banks filed 29 April 2013

2. The father relied on the following…