FAMILY COURT OF AUSTRALIA
Yusuf & Yusuf (No. 2) [2021] FamCA 513
File number(s): PAC 3522 of 2017 Judgment of: FOSTER J Date of judgment: 16 July 2021 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – APPLICATION FOR STAY – where application made by the husband for stay of final property orders pending appeal – where consideration of applicable principles – where stay granted on condition of payment of $50,000. Legislation: Family Law Rules 2004 (Cth) r 22.11 Cases cited: Yusuf & Yusuf [2021] FamCA 116
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685
Fauna Holding Pty Ltd and Ors & Mitchell [2000] FamCA 548; (2000) FLC 93-024
Jackson & Balen [2009] FamCAFC 131Re Middle Harbour Investments Ltd (in Liq) (unreported, Court of Appeal (NSW), 15 December 1976)
Number of paragraphs: 22 Date of last submission/s: 9 July 2021 Date of hearing: 24 June 2021 Place: Parramatta Solicitor for the Applicant: Mr Malouf of Malouf solicitors Solicitor for the First Respondent: Mr Chidiac of Sanford Legal Solicitor for the Second Respondent: There was no appearance by or for the Second Respondent ORDERS
PAC 3522 of 2017 BETWEEN: MR YUSUF
Applicant
AND: MS YUSUF
First Respondent
MR NOOR
Second Respondent
ORDER MADE BY:
FOSTER J
DATE OF ORDER:
16 JULY 2021
THE COURT ORDERS THAT:
1.Orders made on 12 March 2021 be stayed pending determination of the husband’s Notice of Appeal to the Full Court on condition that the husband cause to be paid to the wife or as she may otherwise direct the sum of $50,000.00 within two months from this date.
2.Liberty to apply as to enforcement of the primary orders of 12 March 2021 in the event of the husband failing to comply with Order 1.
3.That costs of this application for stay be reserved pending determination of the Appeal.
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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Yusuf & Yusuf has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
FOSTER J:
On 12 March 2021, Reasons for judgment were delivered and final orders made as to property adjustment in this matter: Yusuf & Yusuf [2021] FamCA 116. The orders were as follows:
1.The husband and wife do all things necessary and sign all necessary documents to forthwith sell the real estate property situate at 1 & 2 B Street, Suburb C being the whole of the land comprised in folio identifier ... by public auction within three months from this date at a reserve price of $1.3 million and that upon sale after…
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- AGLC
- Yusuf & Yusuf (No. 2) [2021] FamCA 513
- Case
- [2021] FamCA 513
- Decision Date
CaseChat Overview and Summary
The primary legal issue before Foster J was whether to grant the husband's application for a stay of the final property orders. This required the court to consider the applicable principles governing applications for stays pending appeal in family law proceedings.
Foster J reasoned that a stay should be granted on specific conditions. The court applied the principles relevant to stay applications, ultimately ordering that the final property orders of 12 March 2021 be stayed pending the determination of the husband's appeal. This stay was conditional upon the husband paying the sum of $50,000 to the wife within two months. Liberty to apply was granted regarding the enforcement of the primary orders should the husband fail to comply with the condition. Costs of the stay application were reserved pending the outcome of the appeal.
Orders
Orders of the court
PAC 3522 of 2017
BETWEEN:
MR YUSUF
Applicant
AND:
MS YUSUF
First Respondent
MR NOOR
Second Respondent
ORDER MADE BY:
FOSTER J
DATE OF ORDER:
16 JULY 2021
THE COURT ORDERS THAT:
1. Orders made on 12 March 2021 be stayed pending determination of the husband’s Notice of Appeal to the Full Court on condition that the husband cause to be paid to the wife or as she may otherwise direct the sum of $50,000.00 within two months from this date.
2. Liberty to apply as to enforcement of the primary orders of 12 March 2021 in the event of the husband failing to comply with Order 1.
3. That costs of this application for stay be reserved pending determination of the Appeal.
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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
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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