FAMILY COURT OF AUSTRALIA
| INGLES & INGLES & ORS (NO. 2) | [2019] FamCA 514 |
| FAMILY LAW – COSTS – Circumstances justifying order – Where the husband and the second and third respondents each seek their costs relating to the concluded property matter – Whether the wife was wholly unsuccessful – Weight to be given to offers – Quantum – Orders |
| Family Law Act 1975 (Cth) ss 117(2A)(a) 117(2A)(g) |
| Anison & Anison [2019] FamCAFC 108 Bant & Clayton (costs) [2016] FamCAFC 35 Brady & Brady [2012] FamCAFC 4 Dickson & Dickson (No 2) (1999) FLC 92-857 In the Marriage of Greedy (1982) FLC 91-250 Kohan & Kohan (1993) FLC 92-340 Prantage & Prantage (2013) FLC 93-544 Re Wilcox; Ex-parte Venture Industries Pty Ltd and Ors (No 2) (1996) 72 FCR 151 |
| APPLICANT: | Ms Ingles |
| 1st RESPONDENT: | Mr Ingles |
| 2nd RESPONDENT: | B Pty Ltd |
| 3rd RESPONDENT: | Ms Howard |
| FILE NUMBER: | DNC | 270 | of | 2017 |
| DATE DELIVERED: | 1 August 2019 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Berman J |
| HEARING DATE: | 29 May 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Heinrich |
| SOLICITOR FOR THE APPLICANT: | Kajaliny Ranjith Legal |
| COUNSEL FOR THE 1ST RESPONDENT: | Litigant in person |
| SOLICITOR FOR THE 1ST RESPONDENT: |
| COUNSEL FOR THE 2ND RESPONDENT: | Mr Bonig |
| SOLICITOR FOR THE 2ND RESPONDENT: | Finlaysons Lawyers |
| COUNSEL FOR THE 3RD RESPONDENT: | Mr Bonig |
| SOLICITOR FOR THE 3RD RESPONDENT: | Finlaysons Lawyers |
Orders
That the wife pay the costs of Ms Howard in her capacity as Trustee of the Ingles Family Trust fixed in the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) within fourteen (14) days of the date of this order.
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 Ingles & Ingles and Ors 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 ADELAIDE |
FILE NUMBER: DNC 270 of 2017
| Ms Ingles |
Applicant
And
| Mr Ingles |
Respondent
And
B Pty Ltd
2nd Respondent
And
Ms Howard
3rd Respondent
REASONS FOR JUDGMENT
Introduction
Competing applications for property settlement between Ms Ingles (“the wife”) and Mr Ingles (“the husband”) were heard in August 2018 and concluded by orders made 31 January 2019.
The proceedings were commenced by the wife’s Initiating Application filed 14 June 2017 which sought to particularise the orders she seeks following discovery and sought orders to prevent the husband or B Pty Ltd from attempting to cause her eviction from the former matrimonial home at C Street, Suburb D, Northern Territory (“the C Street property”).
The wife filed an Amended Initiating Application on 20…
Keep reading for free
Create a free CaseChat account to read Ingles and Ingles and Ors (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] FamCA 514
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the quantum of costs to be awarded to Ms Howard, as Trustee, against the wife. This involved assessing the reasonableness and necessity of the costs incurred by the Trustee in the proceedings and determining an appropriate sum to be paid by the wife.
Berman J ordered that the wife pay the costs of Ms Howard, in her capacity as Trustee of the Ingles Family Trust, fixed at $100,000. This sum was to be paid within fourteen days of the date of the order. The court's reasoning for this specific amount is not elaborated upon in the provided text, but the order itself signifies a determination of the costs payable.
Orders
Orders of the court
1.
That the wife pay the costs of Ms Howard in her capacity as Trustee of the Ingles Family Trust fixed in the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) within fourteen (14) days of the date of this order.
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.