JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: GUO and LIANG [2024] FCWA 72
CORAM: O'BRIEN J
HEARD: 12 JANUARY 2024 and 13 MARCH 2024
DELIVERED : 12 APRIL 2024
FILE NO/S: 2497 of 2012
BETWEEN: MR GUO
First Applicant
AND
MR O IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF MR GUO
Second Applicant
AND
MS LIANG
First Respondent
AND
NIGEL SUN
Second Respondent
AND
BEATRICE SUN
Third Respondent
AND
C PTY LTD
Fourth Respondent
Catchwords:
PROPERTY - Interlocutory dispute as to whether funds presently the subject of an injunction should be released and, if so, to whom - Where the funds form part of the subject matter of litigation in the Supreme Court - Where the disposition of that litigation will determine the matter presently agitated - Turns on its own facts
COSTS - Where the second, third and fourth respondents were joined as parties to the substantive proceedings when the wife sought relief against them - Where all such applications and responses have now been dismissed - Where those parties seek indemnity costs against the wife and her solicitor - Costs awarded against the wife in a fixed sum of $100,000
Legislation:
Bankruptcy Act 1966 (Cth)
Family Court Rules 2021 (WA)
Family Law Act 1975 (Cth)
Category: Not Reportable
Representation:
Counsel:
| First Applicant | : | Self-Represented Lititgant |
| Second Applicant | : | Mr A |
| First Respondent | : | Self-Represented Lititgant |
| Second Respondent | : | Self-Represented Lititgant |
| Third Respondent | : | Self-Represented Lititgant |
| Fourth Respondent | : | Self-Represented Lititgant |
| Law Firm B | : | Mr B |
Solicitors:
| First Applicant | : | Self-Represented Lititgant |
| Second Applicant | : | Law Firm C |
| First Respondent | : | Self-Represented Lititgant |
| Second Respondent | : | Self-Represented Lititgant |
| Third Respondent | : | Self-Represented Lititgant |
| Fourth Respondent | : | Self-Represented Lititgant |
| Law Firm B | : | Direct Brief |
Case(s) referred to in decision(s):
Anison & Anison [2019] FamCAFC 108
Bant & Clayton (Costs) [2016] 56 Fam LR 31
Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119
Braithwaite & Braithwaite [2007] FamCA 468
Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23
Kohan and Kohan (1993) FLC 92-340
Lenova & Lenova (Costs) [2011] FamCAFC 141
Levick v Deputy Commissioner of Taxation (2000) 102 FCR 155
Madin & Palis (Costs) (2016) 55 Fam LR 59
McAlpin and McAlpin (1993) FLC 92-411
Nada & Nettle (Costs) (2014) FLC 93-612
Neil v Nott (1994) 121 ALR 148
Parke & The Estate of the Late A Parke (2016) FLC 93-748
Prantage & Prantage (2013) FLC 93-544
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT – PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
IT IS NOTED that publication of this judgment by this Court under the pseudonym Guo & Liang has been approved by the Family Court of Western Australia pursuant to s 114Q(2) of…
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- AGLC
- GUO and LIANG [2024] FCWA 72
- Case
- [2024] FCWA 72
- Decision Date
CaseChat Overview and Summary
The court examined the legal issues surrounding the injunction and the relationship between the interlocutory application and the substantive litigation. It considered the implications of the funds being part of ongoing litigation and the potential impact on the final determination of the matter. The court's analysis focused on the necessity of preserving the status quo until the substantive litigation was resolved. Given that the second, third, and fourth respondents were joined as parties to the substantive proceedings, and all related applications and responses had been dismissed, the court turned its attention to the issue of indemnity costs sought by these respondents against the wife and her solicitor.
In its reasoning, the court determined that the wife and her solicitor were not entitled to indemnity costs as sought by the respondents. The court found that the wife had acted reasonably in seeking the relief she did, and that the respondents' applications and responses had been dismissed. As a result, the court awarded a fixed sum of $100,000 in costs against the wife. This decision reflected the court's view that the wife's actions, while not entirely without merit, did not warrant indemnity costs being awarded against the respondents.
Orders
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Background
Background to the litigation
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Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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