FEDERAL COURT OF AUSTRALIA
Russo v Private Funds Management Pty Ltd [2011] FCA 872
IN THE FEDERAL COURT OF AUSTRALIA | |
| Appellant | |
AND: | PRIVATE FUNDS MANAGEMENT PTY LTD First Respondent ANNETTE JOY CONN Second Respondent ROBERT CHRZASZCZ & ASSOCIATES Third Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The Respondents’ costs of the appeal, including reserved costs, be taxed and paid out of the Appellant’s estate in accordance with para 109(1)(a) of the Bankruptcy Act 1966 (Cth).
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
SOUTH AUSTRALIA DISTRICT REGISTRY | |
GENERAL DIVISION | SAD 8 of 2011 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
BETWEEN: | ANGELO PETER RUSSO Appellant |
AND: | PRIVATE FUNDS MANAGEMENT PTY LTD First Respondent ANNETTE JOY CONN Second Respondent ROBERT CHRZASZCZ & ASSOCIATES Third Respondent |
JUDGE: | TRACEY J |
DATE: | 5 AUGUST 2011 |
PLACE: | MELBOURNE (HEARD IN ADELAIDE) |
REASONS FOR JUDGMENT
1 On 26 May 2011 I dismissed an appeal by Mr Russo against a decision of a Federal Magistrate who had refused to set aside a sequestration order which had been made by a Registrar of the Court: see Russo v Private Funds Management Pty Ltd [2011] FCA 542.
2 I invited the parties to file and serve written submissions as to what, if any, orders should be made relating to the costs of the unsuccessful appeal.
3 The Respondents filed a written submission seeking an order that their costs of the appeal be taxed and paid out of Mr Russo’s bankrupt estate.
4 Mr Russo filed no submissions on costs.
5 The order sought by the Respondents is a usual order following unsuccessful appeals in cases such as the present: see Mearns v Australian Litigation Fund Pty Ltd [2006] FCAFC 168 at [4]. Such an order should be made in this case.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tracey. |
Associate:
