FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Zha & Wun (No 5) [2023] FedCFamC1F 1101
File number(s): SYC 4269 of 2020 Judgment of: SCHONELL J Date of judgment: 18 December 2023 Catchwords: FAMILY LAW – COSTS – Where the wife sought a costs order following an application in which the husband was unsuccessful – Where the husband conceded that a costs order should be made but contended that it should be on a party/party basis as agreed or assessed – Where the circumstances are not exceptional to warrant an indemnity costs order – Costs ordered in a fixed sum. Legislation: Family Law Act 1975 (Cth) s 117
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited: Colgate Palmolive Company and Another v Cussons Pty Ltd (1993) 118 ALR 248; [1993] FCA 801
Kohan & Kohan (1993) FLC 92-340; [1992] FamCA 116
Pascoe & Larsen (No 2) [2022] FedCFamC1A 126
Yunghanns & Ors v Yunghanns & Ors and Yunghanns (2000) FLC 93-029; [2000] FamCA 681
Zha & Wun (No 2) [2022] FedCFamC1F 576
Zha & Wun (No 3) [2023] FedCFamC1F 670
Zha & Wun (No 4) [2023] FedCFamC1F 830
Division: Division 1 First Instance Number of paragraphs: 19 Date of last submission/s: 14 December 2023 Date of hearing: Determined on the papers Place: Sydney Solicitor for the Applicant: Pickering Pendleton Solicitor for the First Respondent: York Law Family Law Specialists The Second to Fourth Respondents: Did not participate ORDERS
SYC 4269 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS ZHA
Applicant
AND: MR WUN
First Respondent
MR A WUN
Second Respondent
MS YANG (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
18 DECEMBER 2023
THE COURT ORDERS THAT:
1.The first respondent husband pay the applicant wife’s costs fixed in the sum of $25,000 in relation to the Application in a Proceeding filed 25 August 2023 by 4.00 pm on 2 February 2024.
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.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Zha & Wun has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
SCHONELL J:
The husband, wife and others are involved in highly contested financial proceedings which are listed for final hearing for three weeks commencing on 8 July…
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- AGLC
- Zha & Wun (No 5) [2023] FedCFamC1F 1101
- Case
- [2023] FedCFamC1F 1101
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether an indemnity costs order should be made and, if so, the appropriate basis for determining the costs. Mr Wun conceded that a costs order should be made but argued for it to be on a party/party basis, as previously agreed, or assessed. The court was required to determine whether the circumstances warranted an indemnity costs order and, if so, the appropriate quantum.
In delivering the judgment, Schonell J noted that while Mr Wun conceded that a costs order should be made, the circumstances did not warrant an indemnity costs order. The court found that the costs should be fixed in a sum of $25,000, to be paid by Mr Wun by 4:00 pm on 2 February 2024. The court’s decision was based on the failure of Mr Wun to adhere to the previously agreed terms regarding costs, without the circumstances being exceptional enough to justify an indemnity costs order. The form of the order is subject to the entry in the Court’s records and may be subject to review or variation under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
SYC 4269 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS ZHA
Applicant
AND:
MR WUN
First Respondent
MR A WUN
Second Respondent
MS YANG (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
18 DECEMBER 2023
THE COURT ORDERS THAT:
1. The first respondent husband pay the applicant wife’s costs fixed in the sum of $25,000 in relation to the Application in a Proceeding filed 25 August 2023 by 4.00 pm on 2 February 2024.
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
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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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