Salim & Hakim (No. 4)

[2021] FamCA 548

FAMILY COURT OF AUSTRALIA

Salim & Hakim (No. 4) [2021] FamCA 548  

File number(s):	PAC 5392 of 2020
Judgment of:	FOSTER J
Date of judgment:	29 July 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – application for stay pending appeal – where application made by the husband for stay of interim orders pending appeal – where consideration of applicable principles – where consideration of balance of convenience – where no merit in grounds of appeal – where application for stay dismissed – where costs reserved.
Legislation:	Family Law Rules 2004 (Cth) r 22.11
Cases cited:	Alexander and Others v Cambridge Credit Corporation Ltd (Receivers Appointed) and Another (1985) 2 NSWLR 685 Salim & Hakim (No. 2) [2021] FamCA 495 Fauna Holding Pty Ltd & Ors & Mitchell [2000] FamCA 548; (2000) FLC 93-024 Jackson & Balen [2009] FamCAFC 131 Kendling & Kendling [2008] FamCAFC 70 Re Middle Harbour Investments Ltd (in Liq) (unreported, Court of Appeal (NSW), 15 December 1976)
Number of paragraphs:	39
Date of hearing:	23 July 2021
Place:	Parramatta
Counsel for the Applicant:	Mr Givney
Solicitor for the Applicant:	Maclarens Lawyers
Counsel for the First Respondent:	Mr Batey
Solicitor for the First Respondent:	York Law Family Law Specialists
Solicitor for the Second Respondent:	Ms Hariri of Zahr Partners

ORDERS

PAC 5392 of 2020

BETWEEN:

MS SALIM

Applicant

AND:

MR HAKIM

First Respondent

MS NOOR

Second Respondent

ORDER MADE BY:	FOSTER J
DATE OF ORDER:	29 JULY 2021

THE COURT ORDERS THAT:

1.The husband’s application for stay be dismissed.

2.That the question of costs relating to the application be reserved.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Salim & Hakim has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

FOSTER J:

1. On 12 July 2021 the Court made certain interim orders in the context of ongoing financial proceedings as between the primary applicant wife and the primary respondent husband. These reasons assume familiarity with the reasons for judgment delivered on 12 July 2021: Salim & Hakim (No. 2) [2021] FamCA 495.

2. Those orders were as follows:

   (1)      The wife’s application for periodic spouse maintenance be dismissed.

   (2)The husband pay to the wife within 21 days from this date the sum of $100,000 with the categorisation of such sum reserved to agreement between the parties or final hearing.

   (3)Pursuant to s 106B of the Family Law Act 1975 (Cth) the Memorandum of Lease dated 3 May 2021 between the husband as landlord and the second respondent as tenant in relation to the property at C Street,…