Caratti v Commissioner of the Australian Federal Police (No 2) [2018] FCA 1237

FEDERAL COURT OF AUSTRALIA

File number:	WAD 630 of 2017

Judge:	BARKER J

Date of judgment:	17 August 2018

Catchwords:	COSTS – where costs should follow the event – where proceeding against the Commissioner of the Australian Federal Police dismissed – entitled to costs

Date of hearing:	3 and 4 April 2018

Date of last submissions:	19 June 2018

Registry:	Western Australia

Division:	General Division

National Practice Area:	Federal Crime and Related Proceedings

Category:	Catchwords

Number of paragraphs:	7

Counsel for the Applicant:	Mr P Bruckner with Mr RM Johnson

Solicitor for the Applicant:	Zilkens Lawyers

Counsel for the First Respondent:	Ms K Stern SC with Mr D Hume

Solicitor for the First Respondent:	Australian Government Solicitor

Counsel for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Respondents:	Mr S Vandongen SC with Mr JE Scovell

Solicitor for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Respondents:	HWL Ebsworth Lawyers

Solicitor for the Tenth and Eleventh Respondents:	Allens

ORDERS

		WAD 630 of 2017

BETWEEN:	ALLEN CARATTI Applicant
AND:	COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE First Respondent GH1 PTY LTD (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) ACN 099 191 714 Second Respondent WILLIAM HARRIS AND ROBERT KIRMAN AS JOINT AND SEVERAL LIQUIDATORS OF GH1 PTY LTD (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) (and others named in the Schedule) Third Respondent

JUDGE:	BARKER J
DATE OF ORDER:	17 AUGUST 2018

THE COURT ORDERS THAT:

1. The applicant pay the costs of the first respondent, to be assessed if not agreed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BARKER J:

1 This judgment deals with the question of costs as between the applicant, Mr Allen Caratti, and the first respondent, the Commissioner of the Australian Federal Police.

2 Following the delivery of the primary judgment, the proceeding commenced by Mr Caratti was dismissed. I made the following order as to costs on 22 June 2018:

(2) The applicant pay the costs of the respondents, save for the first respondent, to be assessed if not agreed.

(3) As to the costs of the first respondent:

(a) the applicant to file submissions by 4pm, 27 June 2018 as to why the applicant should not be ordered to pay the costs of the first respondent;

(b) following which the first respondent be at liberty to file reply submissions by 4pm 2 July 2018; and

3 The first respondent duly put on submissions as to why the first respondent should be entitled to a costs order as against the applicant.

4 In short, the first respondent submitted that costs should follow the event and that no reason had been shown as to why the Court should make any other order.

5 In the event, no submissions were filed on behalf of Mr Caratti as to why he should not pay the costs of the first respondent.

6 In the circumstances, and in any event, I rule that costs should follow the event and there are no circumstances that suggest a different order should be made. The first respondent participated in the proceeding and, the proceeding against it having been dismissed, is entitled to costs.

Order

7 The Court orders that the applicant pay the costs of the first respondent, to be assessed if not agreed.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Barker.

Associate:

Dated: 17 August 2018

SCHEDULE OF PARTIES

	WAD 630 of 2017
Respondents
Fourth Respondent:	MNWA PTY LTD (IN LIQUIDATION) ACN 101 717 177
Fifth Respondent:	WILLIAM HARRIS AND ROBERT KIRMAN AS JOINT AND SEVERAL LIQUIDATORS OF MNWA PTY LTD (IN LIQUIDATION)
Sixth Respondent:	I.M.E. NOMINEES PTY LTD (IN LIQUIDATION) ACN 107 942 058
Seventh Respondent:	WILLIAM HARRIS AND ROBERT KIRMAN AS JOINT AND SEVERAL LIQUIDATORS OF I.M.E. NOMINEES PTY LTD (IN LIQUIDATION)
Eighth Respondent:	ACN 142 745 337 PTY LTD (IN LIQUIDATION)
Ninth Respondent:	WILLIAM HARRIS AND ROBERT KIRMAN AS JOINT AND SEVERAL LIQUIDATORS OF ACN 142 745 337 PTY LTD
Tenth Respondent:	WHITBY LAND COMPANY PTY LTD (IN LIQUIDATION) ACN 115 233 193
Eleventh Respondent:	WILLIAM HARRIS AND ROBERT KIRMAN AS JOINT AND SEVERAL LIQUIDATORS OF WHITBY LAND COMPANY PTY LTD (IN LIQUIDATION)

Top