Easterday v Australian Securities Commission & Anor

BC 9603343

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Clark Ervin Easterday v
Australian Securities Commission, First Respondent
Australian Stock Exchange Ltd (ACN 008 624 691), Second Respondent

Court:

Judge: Nicholson R D

Subject References:
Costs
appeal from Administrative Appeals Tribunal
freedom of information
whether costs should follow the event
whether existence of mareva injunction in relation to assets of unsuccessful applicant a bar to costs orders
whether costs should be allowed for separate representation
whether costs orders should be for fixed sums

Case References:
ACF v Forestry Commission and Ors - (1988) 81 ALR 166
Gladstone Park Shopping Centre Pty Ltd v Wills - (1984) 6 FCR 496
cf Golskiv v Kirk - (1987) 14 FCR 143
Hughes v WA Cricket Association (Inc) - (1986) ATPR 48,134
Norilya Minerals Pty Ltd v Ireland (Intervener Commonwealth Bank of Australia) - (1994) 12 WAR 485
Perrett v Commissioner for Superannuation - (1991) 29 FCR 581
Statham v Sheppard (No 2) - 1974 FLR 244

Hearing date: 16 May 1996
Judgment date: 26 July 1996

Perth

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THE COURT ORDERS THAT:

1/

The second respondent do within 5 days file and serve a submission on whether its costs should be fixed in a sum.

2/

The applicant have a further 5 days to file and serve any submission in reply.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.