[P] Pty Ltd and Landis

[2010] FMCAfam 1303

FEDERAL MAGISTRATES COURT OF AUSTRALIA

[P] PTY LTD & LANDIS [2010] FMCAfam 1303

FAMILY LAW – Remuneration of court expert’s fees – failure to prove reasonableness of court expert’s fees.

Federal Magistrates Court Rules 2001, r.15.11

Conlan as liquidator of Rowena Nominees Pty Ltd (rec and mngr appt) (in liq) v Adams (2008) 65 ACSR 521 (WASCA)
Cook’s Constructions Pty Ltd v Stork Food Systems Aust Pty Ltd [2008] QSC 179
Cook’s Constructions Pty Ltd (ACN 004 782 558) v SFS 007 298 633 Pty Ltd (formerly t/as Stork Food Systems Australasia Pty Ltd) ACN 007 298 633 (2009) 254 ALR 661)
Old v Hodgkinson; Old v McInnes [2009] NSWSC 1130
Re Morris Fletcher Cross’ bill of costs [1997] QdR 228
Re: One.Tel Ltd (In Liq) (2005) 5 ACSR 558
Re. Solfire Pty Ltd (in liq) (No.2) [1998] 2 Qd R 92 (per Shepherdson J)
Re Stockford Ltd; Korda [2004] 140 FCR 424

Applicant: [P] PTY LTD

Respondent: MR LANDIS

File Number: BRC 1480 of 2008

Judgment of: Cassidy FM

Hearing date: 15 September 2010

Date of Last Submission: 4 November 2010

Delivered at: Brisbane

Delivered on: 25 November 2010

REPRESENTATION

Counsel for the Applicant: Mr Schulte

Solicitors for the Applicant: Herbert Greer

Counsel for the Respondent: Mr Johnstone

Solicitors for the Respondent: Bennett & Philp Solicitors

ORDERS

1. That all outstanding applications be dismissed. 

2. That in the event that either party seeks to file a costs application in this matter:

   (a)That any such application for costs be filed and served by no later than 4.00pm on 2 December 2010;

   (b)That the response to the costs application be filed and served by no later than 4.00pm on 9 December 2010; and

   (c)

   That any reply be filed and served by no later than 4.00pm on

   
   

   15 December 2010.

3. That judgment in relation to the costs application be delivered at 2.15pm on 17 December 2010 in the Federal Magistrates Court of Australia at Brisbane. 

NOTATION

(A)It is noted that the court, in the absence of evidence of what is a reasonable fee, adopts the open offer made by Mr Landis at the commencement of the trial in the sum of $22,000.00 as the reasonable fee in this matter. 

IT IS NOTED that publication of this judgment under the pseudonym [P] Pty Ltd & Landis is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT BRISBANE

BRC 1480 of 2008

[P] PTY LTD

Applicant

And

MR LANDIS

Respondent

REASONS FOR JUDGMENT

Introduction

1. In this matter the applicant seeks, in his amended application in a case filed 7 September 2010, that:

   “[2] The husband and the wife cause to be paid to [P] Pty Ltd trading as [P] in relation to an outstanding account dated 17 December 2008 in the sum of $37.541.39 within 7 days of the making of this Order.”

2. The applicant is also seeking pursuant to that application, interest in relation to the outstanding account and costs on an indemnity…