Quin and East & Anor

[2020] FamCA 739

FAMILY COURT OF AUSTRALIA

QUIN & EAST AND ANOR [2020] FamCA 739

FAMILY LAW – COSTS – Between parties – where a third party to the proceedings seeks costs on an indemnity basis – where the respondent joined the third party to the proceedings – where the joinder may not have been proper – where the respondent was given the opportunity to remove the third party by consent without costs – where legal costs incurred by the third party as a result of being joined – where exceptional circumstances not made out so as to order costs on an indemnity basis – respondent to pay the third party’s costs fixed in the sum of $7,800 within 90 days.

Family Law Act 1975 (Cth) ss 117(1), 117(2), 117(2A)

Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801
J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (No 2) [1993] FCA 70
Kohan & Kohan (1993) FLC 92-340
Munday v Bowman (1997) FLC 92-784
Nada & Nettle (Costs) (2014) FLC 93-612
Penfold & Penfold (1980) 144 CLR 311
Phillips & Hansford [2020] FamCAFC 28
Prantage & Prantage (2013) FLC 93
Rankin & Rankin (No. 3) [2019] FamCAFC 133
Sfakianakis & Sfakianakis [2019] FamCAFC 54
Stephens & Stephens and Anor (Enforcement) (Costs) [2010] FamCAFC 172
Worth & Worth (No. 2) [2019] FamCAFC 126

APPLICANT: Mr Quin

1st RESPONDENT: Mr East

2nd RESPONDENT: Mr Martins

FILE NUMBER: SYC 4455 of 2015

DATE DELIVERED: 9 September 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Henderson J

HEARING DATE: In Chambers

REPRESENTATION

COUNSEL FOR THE APPLICANT AND 2^ND RESPONDENT: Ms Eldershaw

SOLICITOR FOR THE APPLICANT AND 2^ND RESPONDENT: Heard McEwen Legal

COUNSEL FOR THE 1^ST RESPONDENT Self-Represented Litigant

Orders

1. Mr East is ordered to pay Mr Martins’ costs in the sum of $7,800 within 90 days of the date 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 Quin & East 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 4455 of 2015

Mr Quin

Applicant

And

Mr East

First Respondent

And

Mr Martins

Second Respondent

REASONS FOR JUDGMENT

1. This application relates to a costs application made by Mr Martins.

2. Mr Martins is the de facto partner of the applicant in the substantive proceedings, Mr Quin.

3. The substantive proceedings are property proceedings between Mr Quin and Mr East.

4. In relation to this costs application, I read the following:

   a)The affidavit of Mr…