FAMILY COURT OF AUSTRALIA
| GANDEGA & FULMALI AND ORS | [2020] FamCA 74 |
| FAMILY LAW – PRACTICE AND PROCEDURE – SINGLE EXPERT – Where application to expand report by Single Expert – Where such application appropriate in the circumstances where there are associated transactions – Where order made as sought. FAMILY LAW – PRACTICE AND PROCEDURE – INJUNCTION TO RESTRAIN SOLICITORS FROM ACTING – Where application for injunction to restrain solicitors from further acting – Where discussion of applicable principles – Where applicant for injunction does not adduce evidence such as would enliven jurisdiction – Where application dismissed. |
| Dalton & Dalton [2017] FamCAFC 78 Mancini v Mancini [1999] NSWSC 800 Oram & Lambert and Ors (No. 2) [2018] FamCAFC 161 Osferatu & Osferatu [2015] FamCAFC 177; (2015) FLC 93-666 |
| APPLICANT: | Ms Gandega |
| FIRST RESPONDENT: | Mr Fulmali |
| SECOND RESPONDENT: | Mr Akbar |
| INTERVENOR: | As Liquidator for B Pty Ltd ACN … Mr V |
| FILE NUMBER: | PAC | 4811 | of | 2016 |
| DATE DELIVERED: | 13 February 2020 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 18 December 2019 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Marsdens Law Group |
| SOLICITOR FOR THE FIRST RESPONDENT: | Crumpton Lawyers |
| COUNSEL FOR THE SECOND RESPONDENT: | Mr Reeves |
| SOLICITOR FOR THE SECOND RESPONDENT: | KPL Lawyers |
| SOLICITOR FOR THE INTERVENOR: | JHK Legal |
Orders
That the application for injunction to restrain Q Lawyers from further acting for the second respondent be dismissed.
That the parties do all things necessary and sign all necessary documents to authorise and direct the Single Expert Mr K of U Company to extend his report to include a valuation of the husband’s interest in D Pty Ltd as at 30 June 2019 and currently.
Liberty to apply as to implementation of the previous order.
That costs of and incidental to the present application be reserved to final trial.
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 Gandega & Fulmali 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 4811 of 2016
| Ms Gandega |
Applicant
And
| Mr Fulmali |
First Respondent
And
| Mr Akbar |
Second Respondent
And
| As Liquidator for B Pty Ltd ACN … Mr V |
Intervener
REASONS FOR JUDGMENT
The present discrete applications for determination arise from earlier interim applications between the parties that were in part determined by orders made on 3 July 2019 with reasons for judgment published that day.
The determination of the present discrete applications assumes familiarity with the reasons for judgment of 3 July 2019: Gandega & Fulmali & Anor [2019]…
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- Case
- [2020] FamCA 74
- Decision Date
CaseChat Overview and Summary
The court was required to determine two primary legal issues. Firstly, whether the circumstances warranted an order to expand the report of the single expert to include a valuation of the husband's interest in D Pty Ltd. Secondly, the court had to consider the principles applicable to an application for an injunction to restrain solicitors from acting, and whether the applicant had adduced sufficient evidence to enliven the court's jurisdiction to grant such an injunction.
Regarding the application to expand the single expert's report, Foster J found that the existence of associated transactions made such an expansion appropriate in the circumstances, and the order was made as sought. However, concerning the application for an injunction to restrain Q Lawyers from acting for the second respondent, the court determined that the applicant had not adduced evidence sufficient to enliven the relevant jurisdiction, and therefore, this application was dismissed.
Consequently, the court ordered the dismissal of the application for an injunction against Q Lawyers. It further ordered that the parties take all necessary steps to authorise and direct the single expert to extend his report to include the specified valuations of the husband's interest in D Pty Ltd. Liberty to apply was granted regarding the implementation of this order, and the costs of the application were reserved to the final trial.
Orders
Orders of the court
1.
That the application for injunction to restrain Q Lawyers from further acting for the second respondent be dismissed.
2.
That the parties do all things necessary and sign all necessary documents to authorise and direct the Single Expert Mr K of U Company to extend his report to include a valuation of the husband’s interest in D Pty Ltd as at 30 June 2019 and currently.
3.
Liberty to apply as to implementation of the previous order.
4.
That costs of and incidental to the present application be reserved to final trial.
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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