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

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

The 30 March 2005 offer was more onerous than the orders ultimately made, so it did not justify ordering costs from that date. By contrast, the 21 April 2005 offer, particularly point 6(c), would in practical terms have produced the same result as the final consent orders by terminating the Supreme Court proceedings except for costs, and it was unreasonable for Mr Foukkare to reject it. The cross-claims were futile because the Supreme Court proceedings sought essentially the declarations made by consent in the Family Court, Reynolds did not apply because the proceedings were not between the same parties, and Mr Foukkare's proper course was to seek to strike out the statements of claim...

Jurisdiction
Australia
Judgment Date
01 March 2006
Procedural Posture
Equity Division Proceedings for Declarations Concerning Beneficial Interests in Shares and Trusts, With Cross Claims Alleging Abuse of Process / Costs Determination After Leave to Discontinue the Proceedings, Dismissal of Cross Claims, and Consent Orders Standing Over Costs
Outcome
Mr Foukkare was ordered to pay the cross-defendants' costs of the cross-claims in each proceeding and the plaintiffs' costs of the proceedings from 21 April 2005 onwards in each matter.
Legal Topics
['discontinuance' 'costs After Rejection of Settlement Offers' 'cross Claims Alleging Abuse of Process' 'concurrent Supreme Court and Family Court Proceedings' 'declarations as to Beneficial Interests in Shares and Trusts']
['civil Procedure' 'costs' 'equity' 'family Law Related Property Proceedings'] ['discontinuance' 'costs After Rejection of Settlement Offers' 'cross Claims Alleging Abuse of Process' 'concurrent Supreme Court and Family Court Proceedings' 'declarations as to Beneficial Interests in Shares and Trusts']

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Procedural Posture

Equity Division Proceedings for Declarations Concerning Beneficial Interests in Shares and Trusts, With Cross Claims Alleging Abuse of Process / Costs Determination After Leave to Discontinue the Proceedings, Dismissal of Cross Claims, and Consent Orders Standing Over Costs

Legal Issues

  1. 1 ["Whether Mr Foukkare should pay the plaintiffs' costs of the Supreme Court proceedings from 30 March 2005 onwards or another date." "Whether Mr Foukkare should pay the cross-defendants' costs of the cross-claims." 'Whether rejection of offers to terminate the Supreme Court proceedings save for argument on costs was unreasonable.' 'Whether the Supreme Court proceedings or their continuation constituted an abuse of process because related Family Court proceedings sought similar relief.']

Ratio Decidendi

The 30 March 2005 offer was more onerous than the orders ultimately made, so it did not justify ordering costs from that date. By contrast, the 21 April 2005 offer, particularly point 6(c), would in practical terms have produced the same result as the final consent orders by terminating the Supreme Court proceedings except for costs, and it was unreasonable for Mr Foukkare to reject it. The cross-claims were futile because the Supreme Court proceedings sought essentially the declarations made by consent in the Family Court, Reynolds did not apply because the proceedings were not between the same parties, and Mr Foukkare's proper course was to seek to strike out the statements of claim...

Court Disposition

Mr Foukkare was ordered to pay the cross-defendants' costs of the cross-claims in each proceeding and the plaintiffs' costs of the proceedings from 21 April 2005 onwards in each matter.

Orders

  • ["Mr Foukkare to pay the cross-defendants' costs of the cross-claims in each proceedings." "Mr Foukkare to pay the plaintiffs' costs of the proceedings from 21 April 2005 onwards in each matter."]