FEDERAL COURT OF AUSTRALIA

Gangemi v Australian Securities & Investments Commission

And

Liedermoy v Australian Securities & Investments Commission

[2003] FCA 563

NINO GANGEMI v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

W289 OF 2002

JOHN OLIVER LIEDERMOY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

W290 OF 2002

FRENCH J

28 MAY 2003

PERTH

THE COURT ORDERS THAT:

            There be no order as to the costs of the application.

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

THE COURT ORDERS THAT:

            There be no order as to the costs of the application.

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

                                                                                                                        W290 OF 2002

BETWEEN:                    JOHN OLIVER LIEDERMOY

                                        APPLICANT

AND:                                AUSTRALIAN SECURITIES AND INVESTMENTS

                                         COMMISSION

                                         RESPONDENT

REASONS FOR JUDGMENT ON ORDER AS TO COSTS

1                     In delivering judgment in these matters I proposed to make no order as to costs on the basis that the applicants and the Australian Securities and Investments Commission (ASIC) had each been partially successful in the proceedings.  Counsel for ASIC however raised the possibility that a different order should be made in relation to the costs of the proceedings and I allowed seven days for submissions as to costs to be filed.

2                     The solicitors for the applicants and Mr Benter for the Perth office of ASIC have now written to the Court indicating that they are agreed there should be no order as to the costs of the two applications.  I will order accordingly.

Associate:

Dated:              28 May 2003