LGM v CAM

[2008] FamCA 185

FAMILY COURT OF AUSTRALIA

LGM & CAM AND ORS [2008] FamCA 185

FAMILY LAW – EVIDENCE

Evidence Act 1995 (Cth)

GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15
Lakatoi Universal Pty Ltd & Ors v Langley Alexander Walker & Ors [1999] NSWSC 1340
Doe v Roe (1809) 170 ER 1155
Cheers v El Davo Pty Ltd (in liq) [2000] FCA 144
NMFM Property Pty Ltd v Citibank Ltd (No 8) (1999) 161 ALR 581

APPLICANT: (Mr) CAM

RESPONDENT: (Ms) LGM

SECOND RESPONDENT: (Mrs) LY

THIRD RESPONDENT: (Mr) MY

FOURTH RESPONDENT: (Ms) SY

FIFTH RESPONDENT: K Inc

SIXTH RESPONDENT: Company Z (In Liquidation)

FILE NUMBER: SYF 3359 of 1997

DATE DELIVERED: 20 March 2008

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: O'Ryan J

HEARING DATE: 12 March 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Bedrossian of counsel

SOLICITOR FOR THE APPLICANT: Etherington's Solicitors

RESPONDENT: Wife in person (via video-link)

FOURTH  RESPONDENT: SY in person

COUNSEL FOR FIFTH  RESPONDENT: Mr Kintominos of counsel

SOLICITOR FOR FIFTH RESPONDENT: J R Gibb & Co

COUNSEL FOR SIXTH  RESPONDENT: Mr Cohen of counsel

SOLICITOR FOR SIXTH RESPONDENT: Deacons

Orders

1. The Fifth Respondent, K Inc, not be permitted to cross examine any of the First to Fourth Respondents inclusive, being the Wife, Mrs LY and Mr MY and Ms SY.

IT IS NOTED that publication of this judgment under the pseudonym LGM & CAM & Ors is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 3359 of 1997

(Mr) CAM

Applicant

And

(Ms) LGM

Respondent

And

(Mrs) LY

Second Respondent

And

(Mr) MY

Third Respondent

And

(Ms) SY

Fourth Respondent

And

K Inc

Fifth Respondent

And

Company Z (In Liquidation)

Sixth Respondent

REASONS FOR JUDGMENT

1. I am currently hearing applications for property settlement pursuant to s 79 of the Family Law Act 1975 (Cth). The proceedings were commenced by an application filed on 4 March 1997 and finally came on for hearing in November 2007. However, there have been numerous proceedings in other courts that have contributed to the delay in the conclusion of the Family Court proceedings.

2. The Applicant is CAM who I shall refer to as the Husband.

3. The First Respondent is LGM who I shall refer to as the Wife. 

4. The Second Respondent is Mrs LY who is the Wife’s mother.  I shall refer to her as such. 

5. The Third Respondent is Mr MY who is the Wife’s father.  I shall refer to him as such. 

6. The Fourth Respondent is Ms SY who is the Wife’s sister.  I shall refer to her as such.

7. The Fifth Respondent is K Incorporated Association which I shall refer to as K Inc.

8. The Sixth Respondent is Company Z (in liquidation) which was incorporated in March 1985.  I shall refer to this company as Z Pty Ltd.

9. Z Pty Ltd is now in liquidation.  The current Liquidator is Mr G of B Chartered Accountants who…