Angus Property v Foukkare; Angreb Pty Ltd v Foukkare [2006] NSWSC 101

New South Wales Supreme Court

CITATION : Angus Property v Foukkare; Angreb Pty Ltd v Foukkare [2006] NSWSC 101

HEARING DATE(S) : 27/02/06

JUDGMENT DATE : 1 March 2006

JUDGMENT OF : Gzell J

DECISION : Husband ordered to pay costs of cross claims and costs of proceedings from date of offer that proceedings be terminated with no order save for the argument on costs.

CATCHWORDS : PROCEDURE - Costs - Husband's claim to division of shares and interests in trusts held by either or both of his wife and himself - Wife held one share in each of two companies with trust interests - Proceedings commenced in Supreme Court for declarations that wife held no beneficial interest in shares or trusts - Intervention in Family Court proceedings seeking similar relief - Husband consented to declaration in Family Court that wife had no beneficial interest in the shares or trusts - Offers to terminate Supreme Court proceedings including no orders except consequent upon an argument on costs rejected by husband - Cross claim filed by him alleging proceedings an abuse of process - Consent orders subsequently made granting leave to discontinue, dismissing the cross claims and standing over the question of costs - No principles involved

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CASES CITED : Reynolds v Reynolds (1977) 2 NSWLR 295

In Matter No. 5341/03 Angus Property and Development Pty Ltd - First Plaintiff Mistysurf Pty Ltd - Second Plaintiff Mistytime Pty Ltd - Third Plaintiff Prodromos Anastasi Foukkare - First Defendant Kary Foukkare - Second Defendant PARTIES : In Matter No. 5342/03 Angreb Pty Ltd - First Plaintiff Sentra Investments Pty Ltd - Second Plaintiff Theodore Gregory Onisforou - Third Plaintiff Prodromos Anastasi Foukkare - First Defendant Kary Foukkare - Second Defendant