FAMILY COURT OF AUSTRALIA
| FARRO & GOFF AND ORS | [2020] FamCA 300 |
| FAMILY LAW – COSTS – Where application for costs made by the former fifth and sixth respondents who, on their application, have now been removed as parties to the proceedings – Consideration of applicable principles – Where order for costs on a party/party basis. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) rr 19.03, 19.08(3), 19.18(1) |
| Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Collins & Collins (1985) FLC 91-603 Farro & Goff and Ors [2019] FamCA 959 Greedy & Greedy (1982) FLC 91-250 Harris & Dewell and Anor (No.2) [2018] FamCAFC 180 Hawkins & Roe [2012] FamCAFC 77 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Luadaka & Luadaka (1998) FLC 92-830 Munday v Bowman (1997) FLC 92-784 Parke & the Estate of the Late A Parke (2016) FLC 93-748 Penfold v Penfold (1980) 144 CLR 311 |
| APPLICANT: | Ms Farro |
| FIRST RESPONDENT: | Ms Goff |
| SECOND RESPONDENT: | Mr Cabler as Trustee in Bankruptcy of Ms Goff |
| THIRD RESPONDENT: | B Pty Ltd (ABN …) |
| FOURTH RESPONDENT: | Mr C trading as 'C Firm' |
| FIFTH RESPONDENT: | Mr D |
| SIXTH RESPONDENT: | E Pty Ltd trading as 'F Business' (ABN …) |
| FILE NUMBER: | PAC | 4297 | of | 2013 |
| DATE DELIVERED: | 30 April 2020 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | By way of written submissions last received on 30 March 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Coleman SC |
| SOLICITOR FOR THE APPLICANT: | Malcolm McDonald & Co |
SOLICITOR FOR THE FIRST RESPONDENT: | No appearance |
| SOLICITOR FOR THE SECOND RESPONDENT: | No appearance |
SOLICITOR FOR THE THIRD RESPONDENT: | No appearance |
| SOLICITOR FOR THE FOURTH RESPONDENT: | Mullane & Lindsay Solicitors |
COUNSEL FOR THE FIFTH RESPONDENT: | Ms Eldershaw |
SOLICITOR FOR THE FIFTH RESPONDENT: | Colin Biggers & Paisley |
| COUNSEL FOR THE SIXTH RESPONDENT: | Ms Eldershaw |
SOLICITOR FOR THE SIXTH RESPONDENT: | Colin Biggers & Paisley |
Orders
That the applicant pay the fifth and sixth respondents’ costs of and incidental to these proceedings on a party/party basis as agreed within one month of this order or otherwise as assessed with such costs to be paid within one month of that assessment.
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 Farro & Goff 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 PARRAMATTA |
FILE NUMBER: PAC 4297 of 2013
| Ms Farro |
Applicant
And
| Ms Goff |
First Respondent
And
| Mr… |
Continue reading Farro and Goff & Ors
Sign in free to access the full text
- AGLC
- Farro and Goff & Ors [2020] FamCA 300
- Case
- [2020] FamCA 300
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether Goff & Ors should be joined as parties to the existing proceedings. This would involve determining if the joinder was necessary or desirable for the just and convenient determination of the dispute between the existing parties, or if Goff & Ors had a direct interest in the subject matter of the litigation.
Foster J ordered that the applicant, Farro, pay the costs of the fifth and sixth respondents, Goff & Ors, on a party/party basis. These costs are to be agreed within one month or assessed, with payment due within one month of assessment. This outcome suggests that the application to join Goff & Ors was either unsuccessful or that the Court determined costs should lie with the applicant for other reasons related to the application.
Orders
Orders of the court
1.
That the applicant pay the fifth and sixth respondents’ costs of and incidental to these proceedings on a party/party basis as agreed within one month of this order or otherwise as assessed with such costs to be paid within one month of that assessment.
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.