FAMILY COURT OF AUSTRALIA
Koyroyshs & Koyroyshs (No. 2) [2020] FamCA 1060
File number(s): SYC 2276 of 2016 Judgment of: HARPER J Date of judgment: 11 December 2020 Catchwords: FAMILY LAW – COSTS – Where the mother seeks costs against the father for a specified interlocutory period in relation to a particular Application in a Case – Where the father initially failed to disclose relevant information relevant to his Application – Where such conduct caused unnecessary delay in the proceedings – Where father made unsuccessful recusal application - Where the father’s financial circumstances are greater than that of the mother’s – Where factors justifying costs order in favour of mother established - Where costs were sought on an indemnity basis – Where no exceptional circumstances made out justifying indemnity or solicitor and client costs - Where costs in a fixed amount ordered to be paid Legislation: Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth) rr 19.08, 19.18
Cases cited: Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) & Fish and Anor (2005) 191 FLR 294
Harris & Dewell and Anor (No.2) (2018) FLC 93-863
Koyroyshs & Koyroyshs [2020] FamCA 626
Prantage & Prantage (2013) 49 Fam LR 197
Prantage & Prantage (Costs) [2014] FamCA 850
Worth & Worth (No.2) (2019) FLC 93-910
Number of paragraphs: 46 Date of hearing: 18 September 2020 Place: Sydney Counsel for the Applicant: Mr Campton SC Solicitor for the Applicant: Consort Family Law Counsel for the Respondent: Mr Batey of Counsel Solicitor for the Respondent: First Choice Family Lawyers ORDERS
SYC 2276 of 2016 BETWEEN: MS KOYROYSHS
Applicant
AND: MR KOYROYSHS
Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
11 DECEMBER 2020
THE COURT ORDERS THAT:
1.Within 28 days, the Respondent pay the costs of the Applicant for the period 11 April to 19 July 2019 fixed in the amount of $12,500.
2.The Application in a Case filed by the Applicant on 2 September 2020 be otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
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 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Koyroyshs & Koyroyshs has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
HARPER J:
INTRODUCTION
The matter presently before me for determination is the Application in a Case of Ms Koyroyshs (“the mother”) filed on 2 September 2020 for an order that Mr Koyroyshs (“the father”) pay her costs of an interim Application in a Case filed by the father on 11 April 2018 (“April 2018 interim application”). The parenting aspect of the proceedings concern the…
Continue reading Koyroyshs & Koyroyshs (No. 2)
Sign in free to access the full text
- AGLC
- Koyroyshs & Koyroyshs (No. 2) [2020] FamCA 1060
- Case
- [2020] FamCA 1060
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the mother had established grounds for a costs order against the father for the period of 11 April to 19 July 2019, and if so, on what basis. The mother sought costs on an indemnity basis, while the father sought the dismissal of her costs application.
Harper J reasoned that the father's conduct, including the failure to disclose material facts and the subsequent delay, justified a costs order in favour of the mother. However, the court found that no exceptional circumstances were made out to warrant costs on an indemnity or solicitor-client basis. Consequently, the court ordered the father to pay the mother's costs for the specified period in a fixed amount. The mother's separate Application in a Case filed on 2 September 2020 was otherwise dismissed.
Orders
Orders of the court
SYC 2276 of 2016
BETWEEN:
MS KOYROYSHS
Applicant
AND:
MR KOYROYSHS
Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
11 DECEMBER 2020
THE COURT ORDERS THAT:
1. Within 28 days, the Respondent pay the costs of the Applicant for the period 11 April to 19 July 2019 fixed in the amount of $12,500.
2. The Application in a Case filed by the Applicant on 2 September 2020 be otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
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 17.02 Family Law Rules 2004 (Cth).
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.