Franjo Strumfin by his Litigation Guardian Peter Chodat v Anka Strumfin [2021] NSWSC 94

Franjo Strumfin by his Litigation Guardian Peter Chodat v Anka Strumfin [2021] NSWSC 94

The orders of the Federal Circuit Court should be implemented as there is no basis for declining to do so; the second defendant's conduct in frustrating compliance with court orders and resisting proceedings has been so unreasonable that an order for indemnity costs is warranted.

Parties
Plaintiff: Franjo Strumfin by his Litigation Guardian Peter Chodat; First Defendant: Anka Strumfin; Second Defendant: Elizabeth Strumfin
Jurisdiction
Australia
Judgment Date
16 February 2021
Procedural Posture
Equity / Judgment After Hearing on Orders and Costs
Outcome
Orders made to implement the Federal Circuit Court's orders; indemnity costs ordered against the second defendant; plaintiff given leave to apply for further costs orders and for gross sum assessment.
Legal Topics
Indemnity Costs, Judicial Discretion in Costs, Implementation of Federal Circuit Court Orders, Trust Property and Caveats
Equity Costs Indemnity Costs Judicial Discretion in Costs Implementation of Federal Circuit Court Orders Trust Property and Caveats

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Parties

Franjo Strumfin by his Litigation Guardian Peter Chodat

Plaintiff

Anka Strumfin

First Defendant

Elizabeth Strumfin

Second Defendant

Procedural Posture

Equity / Judgment After Hearing on Orders and Costs

Legal Issues

  1. 1 Whether orders should be made to give effect to consent orders of the Federal Circuit Court
  2. 2 Entitlement to indemnity costs against the second defendant
  3. 3 Whether there is a basis to refuse compliance with Federal Circuit Court orders due to alleged absence of jurisdiction or vitiated consent

Ratio Decidendi

The orders of the Federal Circuit Court should be implemented as there is no basis for declining to do so; the second defendant's conduct in frustrating compliance with court orders and resisting proceedings has been so unreasonable that an order for indemnity costs is warranted.

Court Disposition

Orders made to implement the Federal Circuit Court's orders; indemnity costs ordered against the second defendant; plaintiff given leave to apply for further costs orders and for gross sum assessment.

Orders

  • Solicitor for the plaintiff authorised to pay to the plaintiff funds per November 2020 orders.
  • Solicitor authorised to pay relevant interest from $4,000 retained, balance to second defendant.