Manesh and Manesh (No. 2)
Case
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[2020] FamCA 904
•28 October 2020
Details
AGLC
Case
Decision Date
Manesh and Manesh (No. 2) [2020] FamCA 904
[2020] FamCA 904
28 October 2020
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.
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.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Stay of Proceedings
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Costs
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Appeal
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Jurisdiction
Actions
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Most Recent Citation
Gin & Hing (No 9) [2024] FedCFamC1F 29
Cases Citing This Decision
3
HAVEN & HAVEN
[2020] FamCA 954
Manesh and Manesh (No 3)
[2020] FamCA 952
Gin & Hing (No 9)
[2024] FedCFamC1F 29
Cases Cited
16
Statutory Material Cited
2
Manesh & Manesh
[2020] FamCA 792
Prantage & Prantage
[2013] FamCAFC 105
Goodridge & Beadle (No 2)
[2019] FamCA 786