Scott & Munayallan (No. 2)

[2021] FamCA 184

FAMILY COURT OF AUSTRALIA

Scott & Munayallan (No. 2) [2021] FamCA 184

File number(s):	SYC 59 of 2010
Judgment of:	HENDERSON J
Date of judgment:	21 April 2021
Catchwords:	FAMILY LAW – COSTS – Where the application for costs of a withdrawn appeal already dealt with – Application for costs dismissed.
Number of paragraphs:	5
Date of last submission/s:	16 March 2021
Date of hearing:	19 February 2021
Place:	Sydney
Counsel for the Applicant:	Appeared in person
Counsel for the Respondent:	Appeared in person

ORDERS

SYC 59 of 2010

BETWEEN:

MR PHONG

Applicant

AND:

MR SCOTT
Respondent

ORDER MADE BY:	HENDERSON J
DATE OF ORDER:	21 APRIL 2021

THE COURT ORDERS THAT:

1.Mr Phong’s application for costs of the withdrawn appeal is dismissed.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 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 Scott & Munayallan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

1. This is an application by Mr Phong dealt with in chambers by consent in relation to costs of an appeal filed by Mr Scott in 2020 and withdrawn on 5 May 2020.

2. The documents I have read are:

   (1)The written submissions of both Mr Scott and Mr Phong;

   (2)My Orders of 19 February 2021 providing for Mr Scott to respond by way of written submissions to Mr Phong's application for costs of the withdrawing of his appeal;

   (3)My decision of 26 February 2021 wherein I reserved the costs of the applications I had delivered judgment in respect of;

   (4)Orders of Justice Aldridge dated 25 June 2020 in relation to the costs of the withdrawn appeal withdrawn on 5 May 2020 wherein he ordered Mr Scott to pay Mr Phong's costs in the sum of $4,700.

3. There were ultimately three matters before me at the hearing of the substantive application on 19 February 2021:

   (1)A review filed by Mr Scott on 20 September 2020 to review a decision of Registrar Turner of 3 September 2020 which I Pty Ltd supported. This application was successful;

   (2)An application by I Pty Ltd and Mr Scott to set aside/vary orders of Justice Berman made 23 October 2019. These applications were wholly unsuccessful;

   (3)Mr Phong's submission as to costs of a withdrawn appeal initially filed by Mr Scott and withdrawn by him on 5 May 2020.

4. It had not been brought to my attention at the hearing on 19 February 2021 that on 25 June 2020 Justice Aldridge had delivered a judgment and made a costs order in respect of the withdrawn appeal where he ordered Mr Scott to pay Mr Phong's costs in the sum of $4,700. This fact was only revealed in Mr Phong’s written submissions and he apologised for the error.

5. On these facts there is no instanter application to deal with and, insofar as it is necessary, I dismiss Mr Phong's application for costs of the withdrawn appeal.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Henderson.

Associate:

Dated:       21 April 2021