Matani and Matani and Ors

FAMILY COURT OF AUSTRALIA

MATANI & MATANI AND ORS [2017] FamCAFC 65

FAMILY LAW – APPEAL – COSTS – Appeal against costs orders including an order for indemnity costs in favour of third parties – Held trial judge did not err in exercising his discretion as to costs – Appeal dismissed.

Family Law Act 1975 (Cth) s 117

Browne v Green (2002) FLC 93-115
Fleming & Schmidt [2017] FamCAFC 12
Harris and Harris (1991) FLC 92-254
Latoudis v Casey (1990) 170 CLR 534
Lenova & Lenova (Costs) [2011] FamCAFC 141
Mallet v Mallet (1984) 156 CLR 605

APPELLANT: Ms Matani

1^ST RESPONDENT: Mr D Matani

2^ND RESPONDENT: Mr G Matani

3^RD RESPONDENT: Mr F Matani

4^TH RESPONDENT: L Pty Ltd

FILE NUMBER: PTW 5409 of 2009

APPEAL NUMBER: WA 22 of 2016

DATE DELIVERED: 6 April 2017

PLACE DELIVERED: Perth

PLACE HEARD: Perth

JUDGMENT OF: Thackray, Ryan & Aldridge  JJ

HEARING DATE: 6 April 2017

LOWER COURT JURISDICTION: Family Court of Western Australia

LOWER COURT JUDGMENT DATE: 21 September 2016

LOWER COURT MNC: [2016] FCWA 78

REPRESENTATION

COUNSEL FOR THE APPELLANT: Ms Cleary

SOLICITOR FOR THE APPELLANT: DFG Legal

COUNSEL FOR THE 1^ST RESPONDENT: Mr Parkinson

SOLICITOR FOR THE 1^ST RESPONDENT: Culshaw Miller

COUNSEL FOR THE 2^ND – 4^TH RESPONDENTS: Mr Berry SC

SOLICITOR FOR THE 2^ND – 4^TH  RESPONDENTS: Leach Legal

Orders

1. The appeal be dismissed.

2. The applications of the Respondents for costs be 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 Matani & Matani 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).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT PERTH

Appeal Number: WA 22 of 2016
File Number: PTW 5409 of 2009

Ms Matani

Appellant

And

Mr D Matani

1^st Respondent

And

Mr G Matani

2^nd Respondent

And

Mr F Matani

3^rd Respondent

And

L Pty Ltd

4^th Respondent

EX TEMPORE REASONS FOR JUDGMENT

Thackray J

1. By an Amended Notice of Appeal filed on 28 December 2016, the wife challenges costs orders made by Moncrieff J on 21 September 2016.

2. The orders required the wife to:

   a)contribute $299,069 towards the husband’s costs; and

   b)pay the third parties’ costs on an indemnity basis, to be agreed or in default of agreement to be assessed.

3. The third parties were relatives of the husband and a company they controlled.  Collectively, they sought costs of $337,027 in defending the wife’s claims.  Accordingly, the wife’s potential costs obligation exceeds $600,000.

Background

1. The…