FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Saha & Lahiri (No 4) [2024] FedCFamC1A 82
Appeal from: Lahiri & Saha (No 8) [2023] FedCFamC1F 1000 Appeal number: NAA 346 of 2023 File number: BRC 8518 of 2020 Judgment of: TREE, GILL & HOWARD JJ Date of judgment: 15 May 2024 Catchwords: FAMILY LAW – APPEAL – PROPERTY – Leave to appeal – Where the wife seeks leave to appeal from enforcement orders requiring her to vacate the former matrimonial home – Where the wife contends the enforcement orders were final – Where contrary to her assertion the orders are interlocutory – Whether the decision is attended by sufficient doubt to warrant appellate intervention – Where all of the wife’s grounds lack merit – Leave to appeal refused – Appeal dismissed – Costs ordered in a fixed sum. Legislation: Family Law Act 1975 (Cth) ss 105, 109A, 117
Federal Circuit and Family Court of Australia Act2021 (Cth) s 28
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.05, 11.56, Sch 3
Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth) reg 4.02
Cases cited: Dakin & Sansbury (Costs) [2017] FamCAFC 15
Medlow & Medlow (2016) FLC 93-962; [2016] FamCAFC 34
Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4
Saha & Lahiri (No 3) (2023) FLC 94-158; [2023] FedCFamC1A 144
Number of paragraphs: 66 Date of hearing: 22 March 2024 Place: Heard in Brisbane, delivered in Canberra The Applicant: Litigant in person The First Respondent: Litigant in person Counsel for the Second Respondent: Mr Neggo Solicitor for the Second Respondent: Stacks Law Firm ORDERS
NAA 346 of 2023
BRC 8518 of 2020FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS SAHA
Applicant
AND: MR LAHIRI
First Respondent
MR FELTOS
Second Respondent
ORDER MADE BY:
TREE, GILL & HOWARD JJ
DATE OF ORDER:
15 MAY 2024
THE COURT ORDERS THAT:
1.Leave to appeal the orders of the Federal Circuit and Family Court of Australia (Division 1) made 22 November 2023 is refused.
2.The Amended Notice of Appeal of 21 March 2024 is dismissed.
3.The applicant is to pay the second respondent’s costs of the appeal, in the sum of $15,911.32 within 28 days.
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…
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- Saha & Lahiri (No 4) [2024] FedCFamC1A 82
- Case
- [2024] FedCFamC1A 82
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CaseChat Overview and Summary
The primary legal issue before the Court was whether the enforcement orders, which mandated Ms Saha to vacate the former matrimonial home, were final or interlocutory. Ms Saha contended that the orders were final, allowing her to appeal directly to the Court of Appeal. However, the Court found that the orders were interlocutory, meaning that Ms Saha's right to appeal was limited to the Federal Circuit and Family Court of Australia. Furthermore, the Court examined whether the application was accompanied by sufficient doubt to merit appellate intervention. After reviewing the grounds of appeal, the Court concluded that they lacked merit and that there was no substantial doubt warranting intervention. Consequently, the Court found that leave to appeal should be refused.
In the decision, the Court of Appeal ruled that Ms Saha's application for leave to appeal the enforcement orders was without merit. The Court found that the orders were interlocutory and not final, thus limiting Ms Saha's right to appeal. Additionally, the Court determined that none of Ms Saha's grounds for appeal had merit, and there was no substantial doubt to warrant appellate intervention. As a result, leave to appeal was refused, and the appeal was dismissed. The Court ordered Ms Saha to pay the second respondent's costs of the appeal, amounting to $15,911.32 within 28 days. The form of the order is subject to review for minor errors or variations, as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
NAA 346 of 2023
BRC 8518 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS SAHA
Applicant
AND:
MR LAHIRI
First Respondent
MR FELTOS
Second Respondent
ORDER MADE BY:
TREE, GILL & HOWARD JJ
DATE OF ORDER:
15 MAY 2024
THE COURT ORDERS THAT:
1. Leave to appeal the orders of the Federal Circuit and Family Court of Australia (Division 1) made 22 November 2023 is refused.
2. The Amended Notice of Appeal of 21 March 2024 is dismissed.
3. The applicant is to pay the second respondent’s costs of the appeal, in the sum of $15,911.32 within 28 days.
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
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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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