Talent v Talent (No 2)

Case [2020] ACTSC 294


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Talent v Talent (No 2)

Citation:

[2020] ACTSC 294

Hearing Dates:

Determined on the papers

Submissions last received:

Decision Date:

22 October 2020

30 October 2020

Before:

McWilliam AsJ

Decision:

See [55]

Catchwords:

COSTS – FAMILY PROVISION AND POSSESSION PROCEEDINGS – Where each party successful in obtaining relief – where settlement offers made equal to or better than the result after a fully contested hearing – whether a successful party’s conduct in rejecting offers made amounts to unreasonable conduct – whether costs should be borne personally

Legislation Cited:

Family Provision Act 1969 (ACT) s 8

Court Procedure Rules 2006 (ACT) rr 1700, 1721, 1732, 1752
Trustee Act 1925 (ACT) ss 4, 59(4)

Cases Cited:

Calderbank v Calderbank [1975] 3 All ER 333

Cooper v Singh [2017] ACTCA 21
DSE (Holdings) Pty Ltd v InterTAN Inc [2004] FCA 1251; 51 ACSR 555
Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322
Financial Integrity Pty Ltd v Farmer (No 4) [2014] ACTSC 145
Forsyth v Sinclair (No 2) [2010] VSCA 195; (2010) 28 VR 635
Gray v Richards (No 2) [2014] HCA 47; 315 ALR 1
Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; 13 VR 435
Hillman v Box (No 5) [2014] ACTSC 150
Hulanicki v Walton (No 2) [2015] ACTCA 45
In the Estate of Joan Gwen Talent deceased [2019] ACTSC 261
Keaton v Gumulak [2020] NSWSC 943
Latoudis v Casey (1990) 170 CLR 534
Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15
Nelipa v Dr Robertson and Commonwealth of Australia [2009] ACTSC 16
Ofria v Cameron (No 2) [2008] NSWCA 242
Perisher Blue Pty Limited v Chubb Fire Safety Limited [2014] ACTCA 43
Pires v DibbsBarker Canberra Pty Limited [2014] ACTSC 283
Rural & General Insurance Broking Pty Limited (ACN 093483928) v Australian Prudential Regulation Authority [2009] ACTSC 67; 231 FLR 199
Talent v Official Trustee in Bankruptcy (No 2) [2019] ACTSC 287
Talent v Official Trustee in Bankruptcy & Anor (No 4) [2019] ACTSC 372
Talent v Talent [2020] ACTSC 240

Tuggeranong Town Centre Pty Ltd v Brenda Hungerford Pty Limited (No 3) [2017] ACTSC 301; 325 FLR 436

Parties:

John James Talent (Plaintiff in SC 414 of 2019; Defendant in SC 557 of 2019)

Nadia Joan Talent (Second Defendant in SC 414 of 2019; Plaintiff in SC 557 of 2019)

Representation:

Counsel

T Crispin (Plaintiff in SC 414 of 2019; Defendant in SC 557 of 2019)

HL Donohue SC with D Moujalli (Second Defendant in SC 414 of 2019; Plaintiff in SC 557 of 2019)

Solicitors

Ray Swift Moutrage & Associates (Plaintiff in SC 414 of 2019; Defendant in SC 557 of 2019)

Gil-Jones Barker Solicitors (Second Defendant in SC 414 of 2019; Plaintiff in SC 557 of 2019)

File Numbers:

SC 414 of 2019 & SC 557 of 2019

McWilliam AsJ:

  1. On 10 September 2020, the Court delivered judgment in respect of…

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AGLC
Talent v Talent (No 2) [2020] ACTSC 294
Case
[2020] ACTSC 294
Decision Date

CaseChat Overview and Summary

The case of Talent v Talent (No 2) involved a dispute between the parties regarding family law matters, specifically in relation to property and costs. The dispute came before the Family Court of Australia, where each party sought relief in relation to the distribution of property and costs incurred during the litigation process. The court was required to determine whether the successful party's conduct in rejecting settlement offers amounted to unreasonable conduct, which would affect the costs order.

The primary legal issue before the court was whether a party's rejection of settlement offers, which were equal to or better than the outcome after a contested hearing, constituted unreasonable conduct. The court was also tasked with determining whether the costs incurred by the parties should be borne personally or whether they could be awarded against the opposing party. The court considered the nature of the settlement offers, the conduct of the parties during the litigation process, and the overall fairness of the outcome in making its decision.

The court found that the rejection of settlement offers by the successful party did not amount to unreasonable conduct. It reasoned that the offers were not significantly better than the outcome of the contested hearing and that the successful party was not obligated to accept the offers. The court held that the successful party's conduct was not unreasonable, and therefore, the costs incurred by the parties should not be borne personally. Instead, the court ordered that the costs be awarded against the opposing party in accordance with the usual cost-sharing principles.

The final orders of the court were detailed in paragraph [55], where the court outlined the specific costs to be paid by each party. The court emphasised the importance of considering the overall fairness of the outcome and the conduct of the parties in making its decision on costs.

Orders

Orders of the court

See [55]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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