FAMILY COURT OF AUSTRALIA
| TSAY & LOU (NO. 2) | [2018] FamCAFC 245 |
| FAMILY LAW – APPEAL – COSTS – Application of costs of a discontinued appeal – Where the applicant wife earns no income except for interim spousal maintenance and does not receive social security benefits – Where the husband has numerous property and business interests – Where the husband failed to comply with directions of the Appeal Registrar – Discontinued appeal not wholly unsuccessful pursuant to s 117(2A)(e) of the Family Law Act 1975 (Cth) – Where the wife was put to unnecessary expense preparing for the appeal – Justifying circumstances for costs on a party-party basis – Costs ordered. |
| Family Law Act 1975 (Cth) s 117 (2A)(e) |
| Bant & Clayton (Costs) (2016) Fam LR 31; [2016] FamCAFC 35 Bhatt & Acharya [2017] FamCAFC 71 Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34 Parke & the Estate of the Late A Parke (2016) FLC 93-748; [2016] FamCAFC 248 |
| APPLICANT: | Ms Tsay |
| RESPONDENT: | Mr Lou |
| FILE NUMBER: | SYC | 1304 | of | 2018 |
| APPEAL NUMBER: | EA | 94 | of | 2018 |
| DATE DELIVERED: | 5 December 2018 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ryan J |
| HEARING DATE: | 5 December 2018 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 9 July 2018 |
| LOWER COURT MNC: | [2018] FCCA 2008 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Heazlewood |
| SOLICITOR FOR THE APPLICANT: | McLachlan Thorpe Partners |
| SOLICITOR FOR THE RESPONDENT: | Lawside Lawyers |
Orders
That the respondent pay the applicant’s costs of the discontinued appeal in the amount of $2,729 within one (1) month of the date of these orders.
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 Tsay & Lou (No. 2) 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 SYDNEY |
Appeal Number: EA 94 of 2018
File Number: SYC 1304 of 2018
| Ms Tsay |
Appellant
And
| Mr Lou |
Respondent
EX-TEMPORE REASONS FOR JUDGMENT
Ms Tsay (“the wife”) makes an application for costs of a discontinued appeal. The appeal was bought by Mr Lou (“the husband”) and relates to interlocutory financial orders made on 9 July 2018. Relevantly, the orders require the husband to pay spousal maintenance arrears of $13,840 and a lump sum payment for further interim spousal maintenance in the amount of $72,800, calculated at $1,400 per week for one year. The wife’s application for interim property settlement was dismissed. A suite of orders was also made which reflected the parties’ agreement about dealings with particular assets, however some of…
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- AGLC
- Tsay and Lou (No. 2) [2018] FamCAFC 245
- Case
- [2018] FamCAFC 245
- Decision Date
CaseChat Overview and Summary
The court held that the applicant was entitled to costs for the appeal that was discontinued, as the parties had agreed to the costs in the event that the appeal was unsuccessful. The court found that the amount of the costs sought by the applicant was reasonable and justified, and ordered the respondent to pay the applicant's costs of the discontinued appeal in the amount of $2,729 within one month of the date of the orders. The court noted that the form of the order was subject to the entry of the order in the Court’s records.
Orders
Orders of the court
1.
That the respondent pay the applicant’s costs of the discontinued appeal in the amount of $2,729 within one (1) month of the date of these orders.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
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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