Ingles and Ingles and Ors (No 2) - [2019] FamCA 514

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

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
2^nd Respondent

And

Ms Howard
3^rd 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] FamCA 514
Decision Date: 1 August 2019

CaseChat Overview and Summary

In *Ingles and Ingles and Ors (No 2)*, Berman J of the Federal Circuit and Family Court of Australia was required to determine an application for costs made by Ms Howard in her capacity as Trustee of the Ingles Family Trust. The specific nature of the underlying dispute between the parties is not detailed in the provided text, but it is clear that Ms Howard, in her role as trustee, was involved in proceedings and sought an order for costs against the wife.

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

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.