Warnold and Warnold

[2010] FamCA 1085

FAMILY COURT OF AUSTRALIA

WARNOLD & WARNOLD [2010] FamCA 1085

FAMILY LAW - PROPERTY

APPLICANT: Ms Warnold

RESPONDENT: Mr Warnold

FILE NUMBER: SYC 4164 of 2010

DATE DELIVERED: 11 November 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 11 November 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: No appearance

SOLICITOR FOR THE RESPONDENT: Mr Dickinson

Orders

1. The Application in the Case filed on 9 November 2010 by the wife for injunctive relief be dismissed.

2. Leave granted to the husband to make an oral application for costs.

3. The husband’s application for costs be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Warnold & Warnold is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 4164 of 2010

MS WARNOLD

Applicant

And

MR WARNOLD

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The applicant wife filed an application seeking an injunction to prevent the exchange of a contract for the sale of a property.  The wife has not appeared.  I note that her lawyer has sent an email to the Registrar this morning indicating that her instructions are that she would not be appearing this morning and that the wife wanted to withdraw her application for injunctive relief because the contract for sale of the property has been exchanged.

2. In those circumstances, I will dismiss the Application in the Case filed on 9 November 2010 by the wife. 

3. I note that Mr Dickinson, the new solicitor for the husband, will be filing a notice of address for service on behalf of the husband as soon as practicable.

4. I grant leave to the husband to make an oral application for costs.  I have been told by Mr Dickinson that, notwithstanding the husband was served with the wife’s application prior to the exchange of contracts, he went ahead and did it anyway.  That conduct may have led to other consequences had the wife been here to agitate for them.  In the context of the husband’s cost application, I find that that conduct disqualifies him from receiving any costs order from this court in those circumstances.  I dismiss the husband’s application for costs.

I certify that the preceding four (4) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 11 November 2010.

Associate: 

Date:  12.11.2010