Mansfield and Mansfield and Ors (No.4)

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FEDERAL CIRCUIT COURT OF AUSTRALIA

MANSFIELD & MANSFIELD & ORS (No.4) [2019] FCCA 318
Catchwords:
FAMILY LAW – Property proceedings – husband beneficiary of trust – wife’s joinder application not granted – indemnity costs sought by third parties – considerations of a just costs order – consider the financial circumstances of the parties with respect to a costs order – no special or unusual feature of the case to justify indemnity costs – matters to be considered.

Legislation:

Family Law Act 1975, ss.117, 79(2).

Federal Circuit Court Act 1999, s.3(2).

Federal Circuit Court Rules, rr.21:02(2), 21.10, 21.15, 21.16.

Cases cited:
Kohan & Kohan (1993) 93-340
Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
Briese & Briese (1986) FLC 91-713
Weir & Weir (1993) FLC 92-338

Mansfield & Mansfield [2017] FCCA 13
Mansfield & Mansfield & Ors (No3) [2018] FCCA 970
Kohan & Kohan (1993) 93-340
Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
Briese & Briese (1986) FLC 91-713
Black & Kellner (1992) FLC 92-287
Weir & Weir (1993) FLC 92-338
Luciano & Luciano [2000] FamCA 401

Prantage & Prantage [2013] FamCAFC 105

Applicant: MS MANSFIELD
First Respondent: MR MANSFIELD
Second Respondent: MR MANSFIELD SENIOR
Third Respondent: MS MACRI
Fourth Respondent: COMPANY 1 PTY LTD
Eighth Respondent: COMPANY 2 PTY LTD
File Number: ADC 4119 of 2014
Judgment of: Judge Brown
Hearing date: 1 August 2018
Date of Last Submission: 1 August 2018
Delivered at: Adelaide
Delivered on: 13 February 2019

REPRESENTATION

Counsel for the Applicant: Mr I Robertson SC / Ms T Lewis
Solicitors for the Applicant: Jacqui Ion Lawyers
Counsel for the First Respondent: Mr R Weil
Solicitors for the First Respondent: Scanlan Carroll Pty Ltd
Counsel for the Second, Third, Fourth & Eighth Respondents: Mr H Abbott SC
Solicitors for the Second, Third, Fourth & Eighth Respondents: DMAW Lawyers

ORDERS

  1. The applicant pay costs to the second, third, fourth and eighth respondents in an amount of $20,632.80.

IT IS NOTED that publication of this judgment under the pseudonym Mansfield & Mansfield & Ors (No.4) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 4119 of 2014

MS MANSFIELD

Applicant

And

MR MANSFIELD

First Respondent

MR MANSFIELD SENIOR

Second Respondent

MS MACRI

Third Respondent

COMPANY 1 PTY LTD

Fourth Respondent

COMPANY 2 PTY LTD

Eighth Respondent

REASONS FOR JUDGMENT

Introduction

  1. These reasons for judgment relate to an application for costs, in family law proceedings, which involved not only the spousal partners concerned, but also various other third parties.  One of the parties to the marriage concerned unsuccessfully sought to join these third parties, in her suit with the husband.  The third parties now seek costs against her.

  2. On 5 November 2014, Ms Mansfield “the wife” commenced proceedings, pursuant to the Family Law Act 1975, against Mr Mansfield “the husband” seeking final orders in respect of the care of their children and the division of property, as a consequence…

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Details
Case
[2019] FCCA 318
Decision Date

CaseChat Overview and Summary

In *Mansfield and Mansfield and Ors (No.4)*, heard by Judge Brown, the applicant sought orders against the second, third, fourth, and eighth respondents. The precise nature of the dispute is not detailed in the provided text, but it resulted in an order for costs against the applicant.

The central legal issue before the court was the determination of the quantum of costs to be awarded to the successful respondents.

Judge Brown ordered that the applicant pay costs to the second, third, fourth, and eighth respondents in the sum of $20,632.80.

Orders

Orders of the court

1.

The applicant pay costs to the second, third, fourth and eighth respondents in an amount of $20,632.80.

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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