FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Vang & Chung [2024] FedCFamC1A 25
Appeal from: Order dated 14 November 2023; Transcript dated 14 November 2023. Appeal number: NAA 341 of 2023 File number: SYC 1433 of 2020 Judgment of: MCCLELLAND DCJ, AUSTIN & GILL JJ Date of judgment: 13 March 2024 Catchwords: FAMILY LAW – APPEAL – COSTS – Where the appeal was discontinued on the morning of the hearing and the question of costs was reserved – Where the respondent seeks that the applicant pay his costs in a lump sum amount – Where the applicant opposed any costs order – Where the applicant contends the respondent has superior access to financial resources – Where financial impecuniosity is not a bar to the making of a costs order where the conduct of a party may otherwise warrant the making of such an order – Where the conduct of the applicant inevitably increased the costs incurred by the respondent – Where the applicant rejected the respondent’s letter of settlement indicating he would consent to the discontinuance of the appeal with no order as to costs – Where the appeal lacked utility – Applicant to pay the costs of the respondent in the fixed sum of $9,194.07. Legislation: Family Law Act 1975 (Cth) s 79 and s 117
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 12.17)
Cases cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194; [1993] FCA 585
Byrnes v Brisconnections Management Co Ltd (No 2) [2009] FCA 1432
Cross & Beaumont (2008) 39 Fam LR 389; [2008] FamCAFC 68
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish and Another (2005) 33 Fam LR 123; [2005] FamCA 158
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Re Minister for Immigration & Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6
Stoian & Fiening (Costs) [2014] FamCA 944
Number of paragraphs: 36 Date of hearing: 29 February 2024 Place: Sydney Counsel for the Applicant: Mr Blackah Solicitor for the Applicant: G & D Lawyers Counsel for the Respondent: Ms Tabbernor Solicitor for the Respondent: Broun Abrahams Burreket ORDERS
NAA 341 of 2023
SYC 1433 of 2020FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS VANG
Applicant
AND: MR CHUNG
Respondent
ORDER MADE BY:
MCCLELLAND DCJ, AUSTIN & GILL JJ
DATE OF ORDER:
29 FEBRUARY 2024
BY CONSENT, IT IS ORDERED THAT:
1.Appeal NAA 341 of 2023 is dismissed.
IT IS FURTHER ORDERED THAT:
2.The applicant is to pay the costs of the respondent in the fixed sum of $9,194.07.
3.Reasons for judgment in respect of Order 2 are reserved.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family…
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- Vang & Chung [2024] FedCFamC1A 25
- Case
- [2024] FedCFamC1A 25
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CaseChat Overview and Summary
The legal issues the court was required to decide were whether the applicant's conduct warranted the making of a costs order and, if so, what the appropriate quantum of costs should be. The court found that the applicant's conduct inevitably increased the costs incurred by the respondent, and that the appeal lacked utility. The court also noted that the applicant rejected the respondent's letter of settlement indicating he would consent to the discontinuance of the appeal with no order as to costs. The court considered these factors in determining the appropriate quantum of costs. The court found that the respondent's costs were reasonable and necessary, and that the applicant's conduct warranted the making of a costs order. The court ordered the applicant to pay the respondent's costs in the fixed sum of $9,194.07.
In summary, the court found that the applicant's conduct inevitably increased the costs incurred by the respondent, and that the appeal lacked utility. The court also noted that the applicant rejected the respondent's letter of settlement indicating he would consent to the discontinuance of the appeal with no order as to costs. The court found that the respondent's costs were reasonable and necessary, and that the applicant's conduct warranted the making of a costs order. The court ordered the applicant to pay the respondent's costs in the fixed sum of $9,194.07. This decision serves as a reminder that financial impecuniosity is not a bar to the making of a costs order where the conduct of a party may otherwise warrant the making of such an order.
Orders
Orders of the court
NAA 341 of 2023
SYC 1433 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS VANG
Applicant
AND:
MR CHUNG
Respondent
ORDER MADE BY:
MCCLELLAND DCJ, AUSTIN & GILL JJ
DATE OF ORDER:
29 FEBRUARY 2024
BY CONSENT, IT IS ORDERED THAT:
1. Appeal NAA 341 of 2023 is dismissed.
IT IS FURTHER ORDERED THAT:
2. The applicant is to pay the costs of the respondent in the fixed sum of $9,194.07.
3. Reasons for judgment in respect of Order 2 are reserved.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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