Manesh and Manesh (No. 2)

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Costs

  • Appeal

  • Jurisdiction

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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