Dovgan and Dovgan & Anor - [2020] FamCA 589

FAMILY COURT OF AUSTRALIA

DOVGAN & DOVGAN AND ANOR

[2020] FamCA 589

FAMILY LAW – PROPERTY – Where the wife sought orders for litigation funding and disclosure from the Second to Third Respondents and leave to appoint adversarial experts in relation to real property and a number of companies associated with the husband or interests of his – where on the day of the interim hearing the wife did not press most of the relief she sought and the husband agreed to pay the wife six hundred thousand dollars in tranches – where orders were made for the husband to pay the amount to the wife in one lump sum – where orders were made dismissing the balance of the relief sought by the wife and for the wife to articulate precisely the relief she seeks with respect to the Second, Third and Fourth Respondents – where orders were made reserving the costs of the parties

Family Law Rules 2004 (Cth)

APPLICANT:

Ms Dovgan

FIRST RESPONDENT:

Mr Dovgan

SECOND RESPONDENT:

B Pty Ltd (ATF C Family Trust)

THIRD RESPONDENT:

D Pty Ltd (ATF Dovgan Trust ATF Dovgan Investment Trust)

FOURTH RESPONDENT:

F Pty Ltd

FILE NUMBER:

SYC

866

2017

DATE DELIVERED:

9 July 2020

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Harper J

HEARING DATE:

9 July 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Coleman SC

SOLICITOR FOR THE APPLICANT:

Ferrer Lawyers

COUNSEL FOR THE FIRST RESPONDENT:

Mr Newlinds SC

SOLICITOR FOR THE FIRST RESPONDENT:

Barkus Doolan

COUNSEL FOR THE SECOND, THIRD AND FOURTH RESPONDENTS:

Mr Moses SC

SOLICITOR FOR THE SECOND, THIRD AND FOURTH RESPONDENTS:

Gordon & Barry Lawyers

Orders

The First Respondent husband pay to the Applicant wife six hundred thousand dollars ($600,000) by 5:00 pm by 31 July 2020 as partial property settlement.
The Applicant wife’s Application in a Case filed on 6 July 2020 be otherwise dismissed together with the Responses of the other parties.
The Amended Application in a Case filed by the husband on 2 July 2020 be dismissed together with the Responses of the other parties.
The time for the filing of the Applicant wife’s evidence be extended up to and including close of registry filing on 27 July 2020.
The time for the filing of the First Respondent husband’s evidence be extended up to and including close of registry filing on 15 August 2020.
Within seven (7) days of the date of these orders the Applicant wife file an Amended Initiating Application to identify and articulate precisely the relief she seeks with respect to the Second, Third and Fourth Respondents.
The costs of the parties relating to the Amended Application in a Case filed by the husband on 2 July 2020 and the Application in a Case filed by the wife on 6 July 2020 be reserved NOTING that the wife in substance pressed only for provision of litigation funding at the hearing on 9 July 2020.

Note: The form of the order is subject to the entry…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] FamCA 589
Decision Date: 9 July 2020

CaseChat Overview and Summary

In the matter of *Dovgan and Dovgan & Anor*, Harper J of the Family Court of Australia considered an application by the wife for litigation funding and disclosure from the Second to Third Respondents, as well as leave to appoint adversarial experts concerning real property and companies associated with the husband. On the day of the interim hearing, the wife withdrew most of her claims, and the husband agreed to pay her $600,000 in partial property settlement.

The primary legal issue before the court was the resolution of the wife's claims for litigation funding and disclosure, and the husband's agreement to a lump sum payment. The court also had to determine the disposition of the remaining relief sought by the wife concerning the Second, Third, and Fourth Respondents, and the allocation of costs.

Harper J ordered the husband to pay the wife $600,000 by 31 July 2020 as partial property settlement. The wife's application filed on 6 July 2020 and the husband's amended application filed on 2 July 2020 were otherwise dismissed, along with the responses of the other parties. The court extended the time for filing evidence for both parties and directed the wife to file an amended initiating application within seven days to precisely identify and articulate the relief she sought against the Second, Third, and Fourth Respondents. The costs of the applications were reserved, noting that the wife had primarily sought litigation funding at the hearing.

Orders

Orders of the court

The First Respondent husband pay to the Applicant wife six hundred thousand dollars ($600,000) by 5:00 pm by 31 July 2020 as partial property settlement.

The Applicant wife’s Application in a Case filed on 6 July 2020 be otherwise dismissed together with the Responses of the other parties.

The Amended Application in a Case filed by the husband on 2 July 2020 be dismissed together with the Responses of the other parties.

The time for the filing of the Applicant wife’s evidence be extended up to and including close of registry filing on 27 July 2020.

The time for the filing of the First Respondent husband’s evidence be extended up to and including close of registry filing on 15 August 2020.

Within seven (7) days of the date of these orders the Applicant wife file an Amended Initiating Application to identify and articulate precisely the relief she seeks with respect to the Second, Third and Fourth Respondents.

The costs of the parties relating to the Amended Application in a Case filed by the husband on 2 July 2020 and the Application in a Case filed by the wife on 6 July 2020 be reserved NOTING that the wife in substance pressed only for provision of litigation funding at the hearing on 9 July 2020.

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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