FAMILY COURT OF AUSTRALIA
| CHEN & CHEN AND ORS (NO. 2) | [2020] FamCA 620 |
| FAMILY LAW – COSTS – party unsuccessfully seeking a freezing order – party/party costs on scale sought against unsuccessful party – s 117(2A)(e) enlivened – relevant authorities considered – costs order made. |
| Family Law Act 1975 (Cth) ss 117(1), 117(2), 117(2A) Family Law Rules 2004 (Cth) r 19.18(1) |
| Andrews v Barnes (1888) 39 Ch D 133 Goodridge & Beadle (No. 2) [2019] FamCA 786 In the Marriage of Hogan (1986) 10 Fam LR 681 |
| APPLICANT: | Ms Chen |
| FIRST RESPONDENT: | Mr Chen |
| SECOND RESPONDENT: | Ms Quen |
| THIRD RESPONDENT: | C Pty Ltd (ACN…) |
| FOURTH RESPONDENT: | Quen Pty Ltd (ACN…) |
| FIFTH RESPONDENT: | E Pty Ltd (ACN…) |
| SIXTH RESPONDENT: | Company F (ACN…) |
| SEVENTH RESPONDENT: | B Pty Ltd (ACN…) |
| EIGHTH RESPONDENT: | Mr A Chen |
| NINETH RESPONDENT: | Mr B Chen |
| TENTH RESPONDENT: | Mr C Chen |
| FILE NUMBER: | MLC | 5805 | of | 2016 |
| DATE DELIVERED: | 31 July 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Wilson J |
| HEARING DATE: | 24 July 2020 |
| LAST DATE OF WRITTEN SUBMISSIONS: | 28 July 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | No Appearance |
| SOLICITOR FOR THE APPLICANT: | No Appearance |
| COUNSEL FOR THE FIRST RESPONDENT: | No Appearance |
| SOLICITOR FOR THE FIRST RESPONDENT: | Jano Family Law |
| COUNSEL FOR THE SECOND RESPONDENT: | No Appearance |
| SOLICITOR FOR THE SECOND RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE THIRD RESPONDENT: | No Appearance |
| SOLICITOR FOR THE THIRD RESPONDENT: | No Appearance |
| COUNSEL FOR THE FOURTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE FOURTH RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE FIFTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE FIFTH RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE SIXTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE SIXTH RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE SEVENTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE SEVENTH RESPONDENT: | No Appearance |
| COUNSEL FOR THE EIGTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE EIGTH RESPONDENT: | No Appearance |
| COUNSEL FOR THE NINTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE NINTH RESPONDENT: | No Appearance |
| COUNSEL FOR THE TENTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE TENTH RESPONDENT: | No Appearance |
Orders
By 4pm on 30 August 2020 the first respondent must pay the second respondent’s costs on a party/party basis in the amount of $11,054.44.
Note:…
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- AGLC
- Chen and Chen & Ors (No. 2) [2020] FamCA 620
- Case
- [2020] FamCA 620
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the quantum of costs to be awarded on a party/party basis.
Wilson J ordered that the first respondent pay the second respondent's costs on a party/party basis in the sum of $11,054.44, to be paid by 4pm on 30 August 2020. This order was subject to the formal entry of the order in the Court's records.
Orders
Orders of the court
By 4pm on 30 August 2020 the first respondent must pay the second respondent’s costs on a party/party basis in the amount of $11,054.44.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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