FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Naidu & Seth (No 2) [2023] FedCFamC2F 106
File number(s): PAC 1632 of 2018 Judgment of: JUDGE OBRADOVIC Date of judgment: 8 February 2023 Catchwords: FAMILY LAW – COSTS – Application for indemnity costs – Whether circumstances justifying costs order - Costs order made in accordance with scale Legislation: Family Law Act 1975 (Cth)
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth)
Cases cited: Cochrane & Cochrane [2012] FMCAfam 984
Colgate Palmolive Co and Anor v Cussons Pty Ltd [1993] FCA 801
Collins & Collins [1985] FamCA 15
Greedy and Greedy [1982] FamCA 41
I & I (No.2) [1995] FamCA 80
Jensen &Jensen [1982] FamCA 57
Kohan & Kohan [1992] FamCA 116
Latoudis v Casey [1990] HCA 59
Medlon & Medlon (No. 6) (Indemnity Costs) [2015] FamCAFC 157
Munday v Bowman (1997) FLC 92-784
Naidu & Seth [2021] FedCFamC2F 229
PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & TRF & LKL [2005] FamCA 158
Penfold & Penfold [1980] HCA 4
Ragatta Developments Pty. Ltd. v Westpac Banking Corporation (unreported Federal Court, 5 March 1993)
Renald & Renald (Costs) [2018] FamCAFC 4
Stasiuk & Guild [2021] FamCAFC 62
Tetijo Holdings Pty. Ltd. v Keeprite Australia Pty. Ltd [1991] FCA 225
Division: Division 2 Family Law Number of paragraphs: 25 Date of last submission/s: 22 December 2022 Date of hearing: On the papers Place: Parramatta Solicitors for the Applicant: Juris Australia Lawyers Solicitors for the Respondent: Zra Lawyers ORDERS
PAC 1632 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR NAIDU
Applicant
AND: MS SETH
Respondent
order made by:
JUDGE OBRADOVIC
DATE OF ORDER:
8 FEBRUARY 2023
THE COURT ORDERS THAT:
1.Within 28 days the Applicant pay the Respondent’s costs in the amount of $15,520.73.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Naidu & Seth has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE OBRADOVIC
On 25 October 2021, the Court made orders and delivered its judgment in respect of Mr Naidu’s application made pursuant to s.79A Family Law Act 1975 (Cth) (“Act”) to set aside property orders made by consent…
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- Naidu & Seth (No 2) [2023] FedCFamC2F 106
- Case
- [2023] FedCFamC2F 106
- Decision Date
CaseChat Overview and Summary
The Court found that the circumstances justified making a costs order. The Court noted that Mr Naidu's application to set aside the consent orders made in 2018 was wholly unsuccessful and he made admissions regarding outstanding payments to Ms Seth. Although there was no evidence of offers to settle the substantive proceedings, the Court determined that there were sufficient grounds to justify an order for costs. The Court also noted that the parties had conducted themselves in a manner that left much to be desired throughout the lengthy proceedings. The Court exercised its discretion to order Mr Naidu to pay Ms Seth's costs in accordance with the scale, totalling $13,427.11, and also her costs of the costs application, amounting to $2,093.62. The total costs ordered were $15,520.73.
The Court made an order that Mr Naidu pay Ms Seth's costs in the amount of $15,520.73 within 28 days. The form of the order is subject to the entry in the Court's records. The Court's reasons for judgment were approved for publication under the pseudonym Naidu & Seth.
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