FAMILY COURT OF AUSTRALIA
| EASOM & BURHAN (NO. 2) | [2020] FamCA 14 |
| FAMILY LAW – INDEMNITY COSTS – unsuccessful applicant on a stay application pressed to pay wife’s costs of resisting stay application, such costs to be on an indemnity basis to be taxed in default of agreement – relevant principles examined – indemnity costs ordered. |
| Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Goodridge & Beadle (No 2) [2019] FamCA 786 Horne (in his capacity as trustee of the Bankrupt Estate of Narain) v Narain [2017] FCCA 1190 Medlon & Medlon (No. 6) (2015) 54 Fam LR 1 |
| APPLICANT: | Ms Easom |
| RESPONDENT: | Mr Burhan |
| SECOND RESPONDENT: | Ms Burhan |
| THIRD RESPONDENT: | C Pty Ltd |
| FOURTH RESPONDENT: | C Family Trust |
| FIFTH RESPONDENT: | C2 Pty Ltd |
| SIXTH RESPONDENT: | C2 Unit Trust |
| FILE NUMBER: | MLC | 11409 | of | 2018 |
| DATE DELIVERED: | 15 January 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | The Honourable Justice Wilson |
| HEARING DATE: | 15 January 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr D Brown of One of Her Majesty's Counsel |
| SOLICITOR FOR THE APPLICANT: | DSA Law |
| COUNSEL FOR THE FIRST RESPONDENT: | Ms R Stoikovska of Senior Counsel |
| SOLICITOR FOR THE FIRST RESPONDENT: | Lander & Rogers |
| COUNSEL FOR THE SECOND RESPONDENT: | Ms C Devine |
| SOLICITOR FOR THE SECOND RESPONDENT: | Pigdon Norgate Family Lawyers |
| COUNSEL FOR THE THIRD RESPONDENT: | Ms C Devine |
| SOLICITOR FOR THE THIRD RESPONDENT: | Pigdon Norgate Family Lawyers |
| COUNSEL FOR THE FOURTH RESPONDENT: | Ms C Devine |
| SOLICITOR FOR THE FOURTH RESPONDENT: | Pigdon Norgate Family Lawyers |
| COUNSEL FOR THE FIFTH RESPONDENT: | Ms C Devine |
| SOLICITOR FOR THE FIFTH RESPONDENT: | Pigdon Norgate Family Lawyers |
| COUNSEL FOR THE SIXTH RESPONDENT: | Ms C Devine |
| SOLICITOR FOR THE SIXTH RESPONDENT: | Pigdon Norgate Family Lawyers |
Orders
The wife’s costs of and incidental to the husband’s application for a stay of my orders of 25 November 2019, including the costs of today are to be taxed on an indemnity basis in default of agreement.
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 Easom & Burhan 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 11409 of 2018
| Ms Easom |
Applicant
And
| Mr Burhan |
First Respondent
And
| Ms Burhan |
Second Respondent
And
| C Pty Ltd |
Third Respondent
And
| C Family Trust |
Fourth Respondent
And
| C2 Pty Ltd |
Fifth Respondent
And
| C2 Unit Trust |
Sixth Respondent
EX TEMPORE REASONS FOR JUDGMENT
Consequent upon my decision dismissing the application in a case dated 8 January 2020, the wife has sought an order that by reason of the…
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- AGLC
- Easom and Burhan (No. 2) [2020] FamCA 14
- Case
- [2020] FamCA 14
- Decision Date
CaseChat Overview and Summary
The central legal issue before Justice Wilson was whether the husband had established sufficient grounds to warrant a stay of the existing orders. This required the court to consider the principles governing the grant of a stay, particularly in the context of family law proceedings, and to assess whether the husband's application met the necessary threshold for such relief.
Justice Wilson ultimately ordered that the wife's costs associated with the husband's application for a stay, including the costs of the hearing on the day the decision was made, were to be taxed on an indemnity basis. This indicates that the court found the husband's application to be without merit or to have been brought vexatiously or unreasonably, leading to a punitive costs order in favour of the wife. The final orders were subject to formal entry in the Court's records.
Orders
Orders of the court
1.
The wife’s costs of and incidental to the husband’s application for a stay of my orders of 25 November 2019, including the costs of today are to be taxed on an indemnity basis in default of agreement.
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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