FAMILY COURT OF AUSTRALIA
| CHEN & CHEN AND ORS | [2017] FamCA 115 |
| FAMILY LAW – COSTS |
| Family Law Act 1975 (Cth) | |
| Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 198; [2001] HCA 63 | |
| APPLICANT/WIFE: | Ms Chen |
| 1ST RESPONDENT/HUSBAND: | Mr Chen |
| 2ND RESPONDENT: 3RD RESPONDENT 4TH RESPONDENT 5TH RESPONDENT 6TH RESPONDENT 7TH RESPONDENT 8TH RESPONDENT 9TH RESPONDENT 10TH RESPONDENT | Ms Quen C Pty Ltd (ACN …) Quen Pty Ltd (ACN …) E Pty Ltd (ACN …) Company F (ACN …) G Pty Ltd (ACN …) Mr A Chen Mr B Chen Mr C Chen | ||||
| FILE NUMBER: | MLC | 5805 | of | 2016 | |
| DATE DELIVERED: | 2 March 2017 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | By way of written Submissions |
SUBMISSIONS RECEIVED FROM
| SOLICITOR FOR THE APPLICANT: | Taussig Cherrie Fildes |
| SOLICITOR FOR THE RESPONDENT/HUSBAND: | Clancy & Triado |
| SOLICITOR FOR THE 2ND RESPONDENT: | Kenna Teasdale Lawyers |
Orders
That the husband and the wife be jointly and severally liable for the costs of the third party/ second respondent of this interlocutory proceeding in such sum as may be agreed and failing agreement, as assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Chen & Chen and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 5805 of 2016
| Ms Chen |
Applicant
And
| MR CHEN |
Respondent
And
Ms Quen
Second Respondent
And
C PTY LTD (ACN …)
Third Respondent
And
QUEN PTY LTD (ACN …)
Fourth Respondent
And
E PTY LTD (ACN …)
Fifth Respondent
And
COMPANY F (ACN …)
Sixth Respondent
And
G PTY LTD (ACN …)
Seventh Respondent
And
Mr A Chen
Eighth Respondent
And
Mr B Chen
Ninth Respondent
And
Mr C Chen
Tenth Respondent
REASONS FOR JUDGMENT
On 8 September 2016, I discharged an injunction restraining Ms Quen (the third party) from exercising what I found on the evidence, to be her lawful right to conduct a business as her own. That injunction had been made by the court on 27 July 2016.
As a consequence of my orders, the third party now seeks costs against Ms Chen (the wife) and Mr Chen (the husband) jointly and severally.
I…
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- AGLC
- Chen and Chen and Ors [2017] FamCA 115
- Case
- [2017] FamCA 115
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the determination of liability for the costs of the third party/second respondent in the interlocutory proceeding.
Cronin J ordered that the husband and wife be jointly and severally liable for the costs of the third party/second respondent. This liability is to be in an amount to be agreed upon by the parties, and failing agreement, the costs are to be assessed. The form of this order is contingent upon its formal entry into the Court's records.
Orders
Orders of the court
1.
That the husband and the wife be jointly and severally liable for the costs of the third party/ second respondent of this interlocutory proceeding in such sum as may be agreed and failing agreement, as assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.