Plaza & Ricos - [2025] FedCFamC1A 83

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Plaza & Ricos [2025] FedCFamC1A 83

Appeal from: Ricos & Plaza [2024] FedCFamC2F 1729

Appeal number: NAA 321 of 2024

File number: SYC 4530 of 2024

Judgment of: SCHONELL J

Date of judgment: 14 May 2025

Catchwords: FAMILY LAW – APPEAL – COSTS – Where the respondent sought a costs order against the appellant –Where the respondent sought costs against the appellant in a fixed amount of $36,500 – Where the appeal was withdrawn and dismissed – Consideration of factors under s 117(2A) of the Family Law Act 1975 (Cth) – Where the Court is not satisfied there are any circumstances justifying a costs order – Application dismissed.

Legislation:
Family Law Act 1975 (Cth) ss 95, 117, 117(2A)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)

Federal Circuit and Family Court of Australia Central Practice Direction – Family Law Case Management, 1 May 2024

Cases cited:
Bant & Clayton (Costs) (2016) 56 Fam LR 31; [2016] FamCAFC 35

Fitzgerald v Fish (2005) 33 Fam LR 123; [2005] FamCA 158

Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4

Ricos & Plaza [2024] FedCFamC2F 1729

Number of paragraphs: 25

Date of hearing: 7 May 2025

Place: Sydney

Counsel for the Appellant: Mr Anderson

Solicitor for the Appellant: Tonkin Drysdale Partners

Counsel for the Respondent: Ms Patterson

Solicitor for the Respondent: MGA Law
ORDERS

NAA A321 of 2024
SYC 4530 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MS PLAZA

Appellant

AND:
MR RICOS

Respondent

ORDER MADE BY:

SCHONELL J

DATE OF ORDER:

14 MAY 2025

THE COURT ORDERS THAT:
1.The respondent’s application for costs is dismissed.

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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 Plaza & Ricos has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
SCHONELL J:

On 27 November 2024, a judge of the Federal Circuit and Family Court of Australia (Division 2) delivered reasons for judgment on a review of orders made by a senior judicial registrar. The reasons for judgment are recorded as Ricos & Plaza [2024] FedCFamC2F 1729.
On 29 November 2024, the appellant filed a Notice of Appeal from the orders made by the primary judge.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Plaza & Ricos

Details

AGLC: Plaza & Ricos [2025] FedCFamC1A 83
Case: [2025] FedCFamC1A 83
Decision Date: 14 May 2025

CaseChat Overview and Summary

The respondent, Mr Ricos, sought a costs order against the appellant, Ms Plaza, in the Federal Circuit and Family Court of Australia's appellate division. The respondent sought a fixed costs order of $36,500 against the appellant. The appellant had previously withdrawn and dismissed her appeal, leading to the respondent's application for costs. The matter was considered by Schonell J, who had to decide whether the circumstances justified an order for costs under section 117(2A) of the Family Law Act 1975 (Cth).

Schonell J examined the relevant factors under section 117(2A) of the Act, including the nature of the proceedings, the conduct of the parties, and the outcome. The court found that there were no circumstances justifying the imposition of costs against the appellant. The Court noted that the withdrawal and dismissal of the appeal did not automatically warrant an order for costs, particularly given the absence of any egregious conduct by the appellant.

In light of the Court's findings, the application for costs was dismissed. The Court did not find any grounds to impose a costs order on the appellant, and the appeal's withdrawal did not constitute sufficient justification. The decision was made clear in the order issued on 14 May 2024, which dismissed the respondent's application for costs.

Orders

Orders of the court

NAA A321 of 2024

SYC 4530 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS PLAZA

Appellant

AND:

MR RICOS

Respondent

ORDER MADE BY:

SCHONELL J

DATE OF ORDER:

14 MAY 2025

THE COURT ORDERS THAT:

1. The respondent’s application for costs is dismissed.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

NAA A321 of 2024 SYC 4530 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MS PLAZA Appellant
AND:	MR RICOS Respondent

Appeal from:	Ricos & Plaza [2024] FedCFamC2F 1729
Appeal number:	NAA 321 of 2024
File number:	SYC 4530 of 2024
Judgment of:	SCHONELL J
Date of judgment:	14 May 2025
Catchwords:	FAMILY LAW – APPEAL – COSTS – Where the respondent sought a costs order against the appellant –Where the respondent sought costs against the appellant in a fixed amount of $36,500 – Where the appeal was withdrawn and dismissed – Consideration of factors under s 117(2A) of the Family Law Act 1975 (Cth) – Where the Court is not satisfied there are any circumstances justifying a costs order – Application dismissed.
Legislation:	Family Law Act 1975 (Cth) ss 95, 117, 117(2A) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Federal Circuit and Family Court of Australia Central Practice Direction – Family Law Case Management, 1 May 2024
Cases cited:	Bant & Clayton (Costs) (2016) 56 Fam LR 31; [2016] FamCAFC 35 Fitzgerald v Fish (2005) 33 Fam LR 123; [2005] FamCA 158 Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4 Ricos & Plaza [2024] FedCFamC2F 1729
Number of paragraphs:	25
Date of hearing:	7 May 2025
Place:	Sydney
Counsel for the Appellant:	Mr Anderson
Solicitor for the Appellant:	Tonkin Drysdale Partners
Counsel for the Respondent:	Ms Patterson
Solicitor for the Respondent:	MGA Law

ORDER MADE BY:	SCHONELL J
DATE OF ORDER:	14 MAY 2025