Trustees of the Bankrupt Estate of Abdi and Abdi

Case

[2020] FamCA 341

8 May 2020


FAMILY COURT OF AUSTRALIA

TRUSTEES OF THE BANKRUPT ESTATE OF ABDI & ABDI [2020] FamCA 341
FAMILY LAW – COSTS
APPLICANTS: Trustees of the Bankrupt Estate of Mr Abdi

RESPONDENT:

Ms Abdi

FILE NUMBER: SYC 7706 of 2019
DATE DELIVERED: 8 May 2020
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Rees J
IN CHAMBERS: 8 May 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANTS: Mellor Olsson
SOLICITOR FOR THE RESPONDENT: Brander Smith McKnight Lawyers

Orders

IT IS ORDERED

  1. That the wife pay the costs of the respondents in relation to the application filed 14 November 2019, on a party and party basis as assessed or agreed.

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 Abdi & Abdi 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).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 7706 of 2019

Trustees of the Bankrupt Estate of Mr Abdi

Applicants

And

Sharon Abdi

Respondent

REASONS FOR JUDGMENT

  1. On 1 May 2020, I delivered reasons and made orders in relation to an application pursuant to section 45A of the Family Law Act 1975 (Cth).

  2. In the reasons I stated:

    67. The respondent seeks its costs of the section 79 and section 79A applications and the application pursuant to section 45A.

    68.The application of the wife has been wholly unsuccessful.

    69.In the event that the wife seeks to make submissions in relation to the respondent’s application for costs she should do so by 4pm on 8 May 2020.

  3. No submissions have been received from the wife.

  4. The wife should pay the costs of the respondent.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Rees delivered on 8 May 2020.

Associate: 

Date:  08/05/2020

Areas of Law

  • Insolvency

  • Equity & Trusts

  • Civil Procedure

Legal Concepts

  • Costs

  • Standing

  • Remedies

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