Sresbodan and Sresbodan and Ors (No 2)

Case

[2013] FamCA 1060

17 December 2013


Details
AGLC Case Decision Date
Sresbodan and Sresbodan and Ors (No 2) [2013] FamCA 1060 [2013] FamCA 1060 17 December 2013

CaseChat Overview and Summary

The applicant husband sought interim property orders for the payment of legal costs and repayment of loans in proceedings between himself and his wife. The Trustees of the husband's bankrupt estate intervened in these proceedings.

The court was required to determine whether it was just and equitable to make an order for the interim distribution of funds, and whether the husband's application was vexatious and oppressive under rule 12.10 of the *Family Court Rules 2004* (Cth). The court also considered the wife's costs and the costs of the Trustees in Bankruptcy.

Aldridge J found the husband's application to be vexatious and oppressive. Consequently, the husband's application was dismissed, and leave to issue subpoenas to several individuals was refused, though this issue could be revisited. The wife's costs of the hearing were reserved, and the husband was ordered to pay the costs of the Trustees in Bankruptcy.
Details

Areas of Law

  • Family Law

  • Insolvency

  • Civil Procedure

Legal Concepts

  • Costs

  • Abuse of Process

  • Jurisdiction

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