MAGANO & MAGANO

In the matter of *Magano & Magano*, the applicant father, Mr Magano, sought costs against the respondent mother, Ms Magano. The dispute arose in the context of family law proceedings, where the court was asked to consider an application for indemnity costs. The applicant's prior conviction for the rape and sexual assault of the respondent was a significant factor in the proceedings.

The central legal issue before Judge Lapthorn was whether the applicant's family law application was filed with the ulterior purpose of intimidating the respondent as a witness in the criminal proceedings against him, and whether this application had any prospect of success. Consequently, the court was required to determine if the circumstances warranted an award of indemnity costs.

Judge Lapthorn reasoned that the applicant's family law application was an abuse of process, having been filed solely to intimidate the respondent in her role as a witness in the criminal proceedings. The court found that the application lacked any genuine prospect of success and was brought for an improper purpose. Applying the principles governing costs in family law, particularly where an application is vexatious or an abuse of process, the court determined that an award of indemnity costs was appropriate.

Accordingly, the court ordered that on or before 5 June 2021, the applicant Mr Magano pay the respondent Ms Magano costs fixed in the sum of $50,000.