Manesh and Manesh (No. 2)

Case [2020] FamCA 904


FAMILY COURT OF AUSTRALIA

MANESH & MANESH (NO. 2) [2020] FamCA 904

FAMILY LAW – APPLICATION TO STAY PROCEEDINGS – pending appeal – no basis shown.

FAMILY LAW – COSTS APPLICATION – indemnity costs ordered.

Family Law Act 1975 (Cth) ss 68Q, 117
Family Law Rules 2004 (Cth) r 18.01
Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Alexander v Cambridge Credit CorporationLtd (1985) 2 NSWLR 685
Armington & Armington and Ors [2020] FamCA 765
Colgate–Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
Manesh & Manesh [2020] FamCA 792
Federal Commissioner of Taxation v Myer Emporium Ltd [No. 1] (1986) 160 CLR 220
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish and Another (2005) Fam LR 123
Goodridge & Beadle [2019] FamCA 786
Gronow & Gronow (1979) 144 CLR 513
Harlen & Hellyar [2020] FamCA 413
Hearl & Digby [2020] FamCA 474
House v King (1936) 55 CLR 499
Jackson & Balen [2009] FamCAFC 131
Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681
Mallet v Mallet (1984) 156 CLR 605
Medlow & Medlow (2016) 54 Fam LR 389
Norbis v Norbis (1986) 161 CLR 513
Prantage & Prantage [2013] FamCAFC 105
APPLICANT: Ms Manesh
RESPONDENT: Mr Manesh
INDEPENDENT CHILDREN’S LAWYER: Sue Macgregor
FILE NUMBER: MLC 8955 of 2019
DATE DELIVERED: 28 October 2020
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Wilson J
HEARING DATE: 16 October 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms S. Hession
SOLICITOR FOR THE APPLICANT: Freeman Family Law
COUNSEL FOR THE RESPONDENT: Not Applicable
SOLICITOR FOR THE RESPONDENT: Not Applicable
COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Not Applicable
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Macgregor Barristers and Solicitors

Orders

  1. I order the respondent to pay the applicant the sum of $14,440 by way of indemnity costs on or before 4:00pm on 27 November 2020.

  2. I dismiss the respondent’s stay application.

  3. The wife and the ICL must file and serve any submissions in relation to the costs of and incidental to the stay application by 4:00pm on Wednesday 4 November 2020.

  4. Mr Manesh must file and serve any submissions in response by 4:00pm on Wednesday 11 November 2020.

  5. The question of costs of and incidental to the stay application will be decided on the papers.

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 Manesh & Manesh 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 MELBOURNE

FILE NUMBER: MLC 8955 of 2019

Ms Manesh

Applicant

Continue reading Manesh and Manesh (No. 2)

Sign in free to access the full text

Details
AGLC
Manesh and Manesh (No. 2) [2020] FamCA 904
Case
[2020] FamCA 904
Decision Date

CaseChat Overview and Summary

In *Manesh and Manesh (No. 2)*, the applicant sought indemnity costs and the respondent applied for a stay of proceedings pending an appeal. The matter was heard by Wilson J.

The court was required to determine whether the respondent had established a sufficient basis to warrant a stay of proceedings, and to consider the application for indemnity costs.

Wilson J dismissed the respondent's application for a stay, finding no basis had been shown. The court ordered the respondent to pay the applicant a sum of $14,440 by way of indemnity costs. Further submissions were to be filed and served by the wife and the Independent Children's Lawyer (ICL) regarding the costs of the stay application, with the respondent to file and serve any responsive submissions. The question of costs incidental to the stay application was to be decided on the papers.

Orders

Orders of the court

1.

I order the respondent to pay the applicant the sum of $14,440 by way of indemnity costs on or before 4:00pm on 27 November 2020.

2.

I dismiss the respondent’s stay application.

3.

The wife and the ICL must file and serve any submissions in relation to the costs of and incidental to the stay application by 4:00pm on Wednesday 4 November 2020.

4.

Mr Manesh must file and serve any submissions in response by 4:00pm on Wednesday 11 November 2020.

5.

The question of costs of and incidental to the stay application will be decided on the papers.

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.