FAMILY COURT OF AUSTRALIA
| MUNAYALLAN & SCOTT | [2019] FamCA 549 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Abuse of process – Where a cross claim filed in the supreme court is almost identical to the relief sought in an application in a case in this court – Where at all material times the company was aware of the litigation – Orders. |
| Dowling v The Colonial Mutual Life Society (1915) 20 CLR 509 Five D v Impact Building [2007] NSWSC 993 Goldsmith v Sperrings Ltd& Ors [1977] 1 WLR 478 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 |
| APPLICANT: | Ms Munayallan |
| RESPONDENT: | Mr Scott |
| 1ST INTERVENER: | I Pty Ltd |
| 2nd INTERVENERS: | Mr Phong and Mrs Phong |
| FILE NUMBER: | SYC | 59 | of | 2010 |
| DATE DELIVERED: | 2 August 2019 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Berman J |
| HEARING DATE: | 17 and 18 June 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Duc |
| SOLICITOR FOR THE APPLICANT: | Not applicable |
| COUNSEL FOR THE RESPONDENT: | Litigant in Person |
| PERSONAL REPRESENTATIVE 1ST INTERVENER: | Mr M |
| COUNSEL FOR THE 2ND INTERVENERS: | Mr Zipser |
| SOLICITOR FOR THE 2ND INTERVENERS: | V Lawyers |
Orders
UPON NOTING that the Application in a Case filed 22 August 2018 is dismissed
IT IS ORDERED
That there be written submissions on the question of costs filed within (28) days of this order.
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 Munayallan & Scott 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: SYC 59 of 2010
| Ms Munayallan |
Applicant
And
| Mr Scott |
Respondent
And
| I Pty Ltd |
1st Intervener
And
| Mr Phong and Mrs Phong |
2nd Interveners
REASONS FOR JUDGMENT
INTRODUCTION
By Application in a Case filed 22 August 2018 I Pty Ltd, a duly incorporated company registered in New South Wales on 24 June 2003 sought orders summarised as follows:-
That as against Mr Scott (“the husband”) and Mr Phong and Mrs Phong (“Mr and Mrs Phong”):-
(1)A declaration that I Pty Ltd as and from September 2005 “had equity and [a] charge interest” in land at J Street, Suburb E (“the Suburb E property”).
(2)That the said “equity and charge” in the Suburb E property operates in priority to the husband, Mr and Mrs Phong and Ms
Munayallan (“the wife”).
(3)A declaration that Mr and Mrs Phong hold the Suburb E property on trust for I Pty Ltd.
(4)That the transfer of the Suburb E property to Mr and Mrs Phong in May 2018 be set aside.
(5)A…
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- AGLC
- Munayallan and Scott [2019] FamCA 549
- Case
- [2019] FamCA 549
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court, as indicated by the orders made, related to the question of costs. The court was required to determine how the costs of the dismissed application should be allocated between the parties.
Berman J ordered that written submissions on the question of costs were to be filed within 28 days of the order. This indicates that the court deferred the final determination of costs, allowing the parties an opportunity to present their arguments on the matter. The form of the order was noted as being subject to the entry of the order in the Court’s records.
Orders
Orders of the court
UPON NOTING that the Application in a Case filed 22 August 2018 is dismissed
IT IS ORDERED
1.
That there be written submissions on the question of costs filed within (28) days of this order.
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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