Price v Arktos Pty Ltd [2004] FCAFC 120

FEDERAL COURT OF AUSTRALIA

DAVID IAN PRICE v ARKTOS PTY LTD and LINDA DAVIES

W135 of 2003

CARR, TAMBERLIN & RD NICHOLSON JJ

10 MAY 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W135 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	DAVID IAN PRICE APPELLANT
AND:	ARKTOS PTY LTD (ACN 093 410 247) FIRST RESPONDENT LINDA DAVIES SECOND RESPONDENT
JUDGES:	CARR, TAMBERLIN & RD NICHOLSON JJ
DATE OF ORDER:	10 MAY 2004
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondents’ costs of the appeal.

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

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W135 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	DAVID IAN PRICE APPELLANT
AND:	ARKTOS PTY LTD (ACN 093 410 247) FIRST RESPONDENT LINDA DAVIES SECOND RESPONDENT
JUDGES:	CARR, TAMBERLIN & RD NICHOLSON JJ
DATE:	10 MAY 2004
PLACE:	PERTH

REASONS FOR JUDGMENT

THE COURT:

1 The appellant appeals against certain costs orders which were made by the primary judge at first instance in the same proceedings described in appeal W89 of 2003 in which judgment was delivered today.

2 The circumstances are described in our reasons for that judgment.

3 It was common ground that if we allowed the appeal in appeal No W89 of 2003, then this appeal should be dismissed.

4 We have allowed the appeal in W89 of 2003 and for that reason we dismiss this appeal.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court .

Associate:

Dated: 10 May 2004

Counsel for the Appellants:	Mr D M Stone

Solicitors for the Appellants:	Messrs Williams & Hughes

Counsel for the Third Respondent:	Mr J C Curthoys

Solicitors for the Respondent:	Messrs Karp Steedman Ross-Adjie

Date of Hearing:	25 November 2003

Date of Judgment:	10 May 2004

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