WIFE SEEKS FOR COSTS ORDER AGAINST THE HUSBAND FOR NOT STRICTLY COMPLYING WITH COURT ORDERS
Bambury & Bambury (No 2) [2021] FCCA 224 112 February 2021)
This is an application for costs against the Husband in relation to previous property proceedings where the Husband’s conduct during the proceedings was deliberately obstructive due to a substantial non-compliance with orders.
Facts:
This is an application by the Applicant (Wife) for costs orders arising as a result of the Initiating Application filed by the Wife on 19 April 2018 seeking final property orders against the Respondent (Husband).
The Husband failed to comply with the Orders to file his responding material and to make discovery within 21 days. As a result of the Husband’s failure to comply with his discovery obligations in accordance with the Orders, the Wife’s solicitors were required to issue subpoenas to produce documents in the name of the Husband held by the ANZ Banking Group and the Commonwealth Bank of Australia. The Wife was thereby put to additional legal costs. The failure to provide full and frank disclosure in proceedings is an example of conduct which can lead to a costs order being made against a party.
Issue: Should the cost order be made against the husband?
Law:
Analysis:
As a result of the Husband’s attitude towards the Wife and his attitude towards his obligations to the Court, he failed to comply with orders of the Court and his lack of disclosure hindered the parties’ progress at any negotiations or having any real prospect of resolving the matter. The Husband’s failure to provide adequate discovery, to engage in bone fide discussions or to comply with Court orders placed the Wife in a position of accumulating significant legal fees in what would otherwise be a straightforward case. The Wife was put to significant legal expense as a result of the Husband’s conduct during the proceedings.
Conclusion: The court orders the Respondent Husband (Husband) pay the Wife’s Costs fixed in the sum of $60,068.72.
