Mansfield and Mansfield and Ors (No.4)

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…