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
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.
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
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…
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- Case
- [2020] FamCA 238
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the wife should be ordered to pay the husband's costs in relation to her application and the subsequent costs proceedings, and whether the second, third, and fourth respondents should be awarded their costs.
Loughnan J ordered that the wife pay the husband's costs, as agreed or assessed, for her Application in a Case and amended application, including the costs associated with the listing on 16 January 2020 and the subsequent costs proceedings. The court also dismissed the application for costs made by the second, third, and fourth respondents.
Orders
Orders of the court
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.
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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