Masih and El Saeid and Ors

FAMILY COURT OF AUSTRALIA

MASIH & EL SAEID AND ORS [2020] FamCA 238

FAMILY LAW – COSTS – Where the husband and other respondents seek costs against the wife in respect of costs incurred during interim proceedings – Where the wife was wholly unsuccessful in those proceedings – Where the husband was forced to defend those proceedings – Where the wife’s interim application did not seek orders against the other respondents – Where the circumstances warrant the award of costs in favour of the husband only – Where costs were sought on an indemnity or solicitor/client basis – Where the circumstances do not warrant an award of costs beyond a party/party basis – Order for the wife to pay the costs of the husband, on a party/party basis.

Family Law Act 1975 (Cth) ss 79, 117
Family Law Rules 2004 (Cth) r 13.06

APPLICANT: Mr A Masih

RESPONDENT: Ms El Saeid

SECOND RESPONDENT: E Pty Ltd

THIRD RESPONDENT: Mr B Masih ATF D Family Trust

FOURTH RESPONDENT: C Unit Trust

FILE NUMBER: SYC 2986 of 2012

DATE DELIVERED: 16 April 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Loughnan J

HEARING DATE: Written submissions

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Diamond Conway Solicitors

COUNSEL FOR THE RESPONDENT: Mr Raphael

SOLICITOR FOR THE RESPONDENT: Sharah & Associates

SOLICITOR FOR THE SECOND, THIRD AND FOURTH RESPONDENTS: York Law Family Law Specialists

Orders

1. The wife shall pay to the solicitor for the husband the costs of the husband as agreed or as assessed being the costs of and incidental to the wife’s Application in a Case filed 9 August 2019 (which was later amended by her Amended Application in a Case filed 30 September 2019) including the costs of the listing on 16 January 2020 and of the subsequent costs proceedings which were the subject of the orders made on 16 January 2020.

2. The application for costs by the second, third and fourth respondents is dismissed.

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 Masih & El Saeid and Ors 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).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER:  SYC2986 of 2012

Mr A Masih

Applicant

And

Ms El Saeid

Respondent

And

E Pty Ltd
Second Respondent

And

Mr B Masih ATF D Family Trust
Third Respondent

And

C Unit Trust
Fourth Respondent

REASONS FOR JUDGMENT

Introduction

1. In the context of property settlement proceedings between wife and husband, Ms El Saeid (“the wife”) instituted proceedings for interim property orders for the purpose of seeking…