Morrison and Morley and Ors

In the Family Court of Australia, Ms Morrison (the applicant wife) brought an application against Mr Morley (the respondent husband) and Mr Stewart and Mr Churchin (the second and third respondents, referred to as the liquidators). The wife sought to restrain the liquidators from undertaking their responsibilities. The court was presided over by Fowler J.

The primary legal issue before the court was whether the wife's application to restrain the liquidators should be dismissed. A related issue was the determination of costs, specifically whether the wife should be ordered to pay the costs incurred by the liquidators and the husband.

Fowler J dismissed the wife's application on the basis that there was insufficient admissible evidence to sustain the case for the orders sought. The court found that the wife was wholly unsuccessful in her application. Having regard to the fact that the proceedings were brought against parties who were strangers to the marriage, and noting the wife's financial position as indicated by her last sworn financial statement, the court determined it was appropriate for the wife to pay the costs of the liquidators.

The court ordered that the wife pay the legal costs of the liquidators in the sum of $22,953 and their fees in the sum of $11,321.75. Leave was granted to the second and third respondents to press an application for costs, and leave was also granted to the husband to make an oral application for costs, with the husband's costs being reserved. The wife was also directed to file any amended application by a specified date.