FAMILY COURT OF AUSTRALIA
| SOMERS & ETTRIDGE | [2020] FamCAFC 37 |
| FAMILY LAW – APPEAL – COSTS – Where the respondent seeks costs on an indemnity basis – Where the appellant opposes the application but did not raise any issues about how the amount was calculated and no challenge was made to the amount – Where there are circumstances that justify an order for costs being made – Where there is a clear basis for indemnity costs to be awarded – Costs ordered in favour of the respondent in the sum as sought by her. |
| Family Law Act 1975 (Cth) s 117 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248 |
| APPLICANT: | Mr Somers |
| RESPONDENT: | Ms Ettridge |
| FILE NUMBER: | MLC | 11262 | of | 2015 |
| APPEAL NUMBER: | SOA | 31 | of | 2019 |
| DATE DELIVERED: | 21 February 2020 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Strickland J |
| HEARING DATE: | Written Submissions |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 15 September 2017, 29 October 2018, 20 November 2018, 7 December 2018 |
| LOWER COURT MNC: | [2017] FamCA 1173 [2018] FamCA 863 [2018] FamCA 943 [2018] FamCA 1042 |
REPRESENTATION
| THE APPLICANT: | In Person |
| COUNSEL FOR THE RESPONDENT: | Ms Paterson |
| SOLICITOR FOR THE RESPONDENT: | Carew Counsel Pty Ltd |
Order
The applicant Mr Somers pay the costs of the respondent Ms Ettridge of and incidental to the Application in an Appeal filed on 7 June 2019 calculated on an indemnity basis and fixed in the sum of $14,682.80.
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 Somers & Ettridge 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).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE |
Appeal Number: SOA 31 of 2019
File Number: MLC 11262 of 2015
| Mr Somers |
Applicant
And
| Ms Ettridge |
Respondent
REASONS FOR JUDGMENT
Introduction
On 25 November 2019 an order was made dismissing the Application in an Appeal filed by Mr Somers (“the applicant”) on 7 June 2019, seeking extensions of time to file appeals against four sets of orders. Then, on 4 December 2019, orders were made for written submissions to be filed in relation to the oral application made by Ms Ettridge (“the respondent”) for costs, consequent upon the order of 25 November 2019.
On 17 December 2019, the respondent filed…
Continue reading Somers & Ettridge
Sign in free to access the full text
- AGLC
- Somers & Ettridge [2020] FamCAFC 37
- Case
- [2020] FamCAFC 37
- Decision Date
CaseChat Overview and Summary
The final order made by the court was that Mr Somers pay the costs of Ms Ettridge in the sum of $14,682.80, to be calculated on an indemnity basis. The form of the order is subject to the entry of the order in the Court’s records.
Orders
Orders of the court
Full text does not contain this section.
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.