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.
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
Key Legal Topics
Areas of Law
-
Family Law
-
Insolvency
-
Civil Procedure
Legal Concepts
-
Costs
-
Abuse of Process
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
2