FAMILY COURT OF AUSTRALIA
| MANOTIS & MANOTIS AND ORS (NO 2) | [2016] FamCAFC 232 |
| FAMILY LAW – APPLICATION IN AN APPEAL – Application for an extension of time to file a Notice of Appeal against orders made in 2012 – There is no substantial issue to be raised on the proposed appeal – The explanation for the delay is not adequate and the respondents would be prejudiced – Order for the applicant to pay costs in fixed sums. |
| Family Law Act 1975 (Cth) – s 94AAA, s 117(2A) Family Law Rules 2004 (Cth) – r 1.14 |
| Joshua v Joshua (1997) FLC 92-767 |
| APPLICANT: | Mr Manotis |
| 1ST RESPONDENT: | Ms Manotis |
| 2ND RESPONDENT: | Mr Matthews |
| 3RD RESPONDENT: | Mr Blanco |
| 4TH RESPONDENT: | X Lawyers |
| FILE NUMBER: | PTW | 2347 | of | 2004 |
| APPEAL NUMBER: | WA | 19 | of | 2016 |
| DATE DELIVERED: | 17 November 2016 |
| PLACE DELIVERED: | Perth |
| PLACE HEARD: | Perth |
| JUDGMENT OF: | Thackray J |
| HEARING DATE: | 17 November 2016 |
REPRESENTATION
| THE APPLICANT: | In person |
| THE 1ST RESPONDENT | In person |
| THE 2ND RESPONDENT | In person |
| COUNSEL FOR THE 3RD RESPONDENT: | Mr Guerrini |
| SOLICITOR FOR THE 3RD RESPONDENT: | Lawley Legal |
| COUNSEL FOR THE 4TH RESPONDENT: | Mr Heathershaw |
| SOLICITOR FOR THE 4TH RESPONDENT: | X Lawyers |
Orders
The application for an extension of time in which to appeal against the order made by Magistrate Andrews on 2 May 2012 be dismissed.
The applicant contribute to the costs of the third respondent in the sum of $3,000 and to the costs of the fourth respondent in the sum of $750.
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 Manotis & Manotis and Ors (No 2) 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).
| IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT PERTH |
Appeal Number: WA 19 of 2016
File Number: PTW 2347 of 2004
| Mr Manotis |
Applicant
And
| Ms Manotis |
1st Respondent
And
| Mr Matthews |
2nd Respondent
And
| Mr Blanco |
3rd Respondent
And
| X Lawyers |
4th Respondent
EX TEMPORE REASONS FOR JUDGMENT
The application before the court this afternoon is an Application in an Appeal by Mr Manotis (“the applicant”) seeking an extension of time to appeal the orders made by Magistrate Andrews on 2 May 2012.
The background to the application is well known to most of those who are participating in the proceedings and it will not be helpful for me to attempt to trace it. All I need say is that the order made by the Magistrate on 2…
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- AGLC
- Manotis & Manotis (No 2) [2016] FamCAFC 232
- Case
- [2016] FamCAFC 232
- Decision Date
CaseChat Overview and Summary
The legal issue at the core of this case was whether the applicant should be granted an extension of time to appeal the order. The court had to consider the relevant statutory provisions, the principles of judicial discretion, and the circumstances of the case. Specifically, the court examined whether the applicant had a good reason for the delay in lodging the appeal and whether the delay would cause any injustice to the respondents.
In assessing the application, the court considered the relevant statutory provisions and the principles of judicial discretion. The court found that the applicant had not demonstrated a good reason for the delay in lodging the appeal, and that the delay would cause an injustice to the respondents. Accordingly, the court dismissed the application for an extension of time and ordered the applicant to contribute to the costs of the third and fourth respondents. The amount of costs awarded to each respondent reflected the degree of opposition and the complexity of the case.
In conclusion, the court dismissed the application for an extension of time and ordered the applicant to contribute to the costs of the third and fourth respondents. The court found that the applicant had not demonstrated a good reason for the delay in lodging the appeal, and that the delay would cause an injustice to the respondents. The costs awarded reflected the degree of opposition and the complexity of the case.
Orders
Orders of the court
1.
The application for an extension of time in which to appeal against the order made by Magistrate Andrews on 2 May 2012 be dismissed.
2.
The applicant contribute to the costs of the third respondent in the sum of $3,000 and to the costs of the fourth respondent in the sum of $750.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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