FAMILY COURT OF AUSTRALIA
| LASKARI & LASKARI AND ORS | [2015] FamCA 398 |
| FAMILY LAW – COSTS – Costs application by the husband against the wife – Costs application by six respondents, being the husband’s family members and associated entities, against the wife – Where the costs applicants allege the wife’s applications in the substantive proceedings were wholly unsuccessful – Where it was found that the joinder by the wife of the six respondents who were not parties to the marriage was necessary due to their financial interconnectedness with the husband – Where it was found that the conduct of the wife in the proceedings, particularly in relation to the bringing of numerous unsuccessful interim applications, warranted an order for costs – Where the wife’s financial position was worse than the other parties – Order for specific sum of costs made against the wife, taking into account the wife’s financial circumstances. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) reg 19.18 |
| Collins (1985) FLC 91-603 | ||
| 1st APPLICANT: | Mr Laskari | |
RESPONDENT | Ms Laskari | |
| 2nd RESPONDENT: | K Pty Limited |
| 3rd RESPONDENT: | U Pty Limited |
| 4th RESPONDENT: | Mr N Laskari |
| 5th RESPONDENT | Ms S Laskari |
| 6th RESPONDENT: | Mr G Laskari |
| 7th RESPONDENT: | Ms X Laskari |
| FILE NUMBER: | SYC | 450 | of | 2010 |
| DATE DELIVERED: | 22 May 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Le Poer Trench J |
| HEARING DATE: | 9 March 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr UM |
| SOLICITOR FOR THE APPLICANT: | Diamond Conway |
COUNSEL FOR RESPONDENT: | Mr White |
| SOLICITOR FOR THE RESPONDENT | Konstan Lawyers |
COUNSEL FOR 2ND TO 7TH RESPONDENTS: | Mr Millar |
| SOLICITOR FOR THE 2ND TO 7TH RESPONDENTS: | Paltos Milevski Family Lawyers |
Orders
(1)The wife is to pay the costs of the 2nd to 7th respondents (being the 2nd to 7th applicants in these costs proceedings) in the sum of $40,000. Such payment to be made as provided for hereafter.
(2)The wife is to pay the costs of the husband in the sum of $10,000. Such payment to be made as provided for hereafter.
(3)The husband and the wife sign all documents and do all things necessary to cause the funds payable to the wife pursuant to Order (4) made on 24 December 2014 to be distributed as to $40,000 to the solicitors for the 2nd to 7th applicants for account to them and $10,000 to the husband with the balance…
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- AGLC
- Laskari & Laskari and Ors [2015] FamCA 398
- Case
- [2015] FamCA 398
- Decision Date
CaseChat Overview and Summary
The court reasoned that the wife was liable for the costs incurred by the second to seventh respondents and the husband. The specific amounts ordered were $40,000 for the second to seventh respondents and $10,000 for the husband. The court applied the general principle that a party ordered to pay costs is responsible for the reasonable expenses incurred by the successful parties in the litigation.
The final orders stipulated that the wife was to pay $40,000 to the solicitors for the second to seventh applicants and $10,000 to the husband. These payments were to be satisfied from the funds payable to the wife under the December 2014 order, with the remaining balance to be paid to the wife thereafter. The husband and wife were directed to execute all necessary documents to facilitate this distribution.
Orders
Orders of the court
(1) The wife is to pay the costs of the 2nd to 7th respondents (being the 2nd to 7th applicants in these costs proceedings) in the sum of $40,000. Such payment to be made as provided for hereafter.
(2) The wife is to pay the costs of the husband in the sum of $10,000. Such payment to be made as provided for hereafter.
(3) The husband and the wife sign all documents and do all things necessary to cause the funds payable to the wife pursuant to Order (4) made on 24 December 2014 to be distributed as to $40,000 to the solicitors for the 2nd to 7th applicants for account to them and $10,000 to the husband with the balance thereafter paid to the wife.
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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