Event and Time
Event Description
- The case pertains to a family law appeal concerning costs following the dismissal of interlocutory applications by the appellants (E Pty Ltd, F Pty Ltd, and F2 Pty Ltd) in property settlement proceedings between Ms Zunino (the wife) and Mr Zunino (the husband).
Application and Claims
- The wife seeks indemnity costs from the appellants related to their unsuccessful application for leave to appeal the dismissal of various interlocutory applications.
- The wife argues that the appellants are wholly unsuccessful and failed to respond to her offer to settle.
- The appellants concede to party/party costs but oppose the indemnity costs being claimed by the wife.
Judicial Decisions
- The court dismissed the appellants' application for leave to appeal on 1 September 2020.
- The court ruled that the appellants must pay the wife's costs: $30,763.09 for the application for leave to appeal and $2,000 for the application for costs.
Dispute Points and Legal Basis
Dispute Points
- Wife’s Claims:
- Seeks indemnity costs based on the failure of the appellants' application for leave to appeal. - Argues that the appellants' non-response to her offer to settle justifies the claim for indemnity costs.
- Appellants' Arguments:
- Concede party/party costs but resist the claim for indemnity costs, suggesting a misunderstanding during the previous hearing. - Contend that the financial circumstances of the appellants are not favorable factors for an order of costs against them. - Argue that if costs are awarded, they should not be payable until the conclusion of the underlying property proceedings.