Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v Lyon [2004] FCAFC 92
COSTS – successful appeal on issue of jurisdiction – appellants seeking to discontinue primary proceedings – discontinuance not consented to by respondents – whether all issues of costs at first instance should be determined by the primary judge – whether usual rule should govern costs of the appeal
Commonwealth of Australia v Lyon (2004) 203 ALR 553 referred to Commonwealth of Australia v Lyon (2003) 202 ALR 362 referred to Commonwealth of Australia v Lyon [2003] FCA 1215 referred to Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 cited Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 cited Yates Property Corporation Pty Ltd v Boland (2000) 179 ALR 664 cited
COMMONWEALTH OF AUSTRALIA & ANOR v PAUL LYON & ORS N 1706 of 2003 BRANSON, MADGWICK AND HELY JJ 29 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1706 of 2003
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COMMONWEALTH OF AUSTRALIA
FIRST APPELLANT
COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE
SECOND APPELLANT
AND: PAUL LYON
FIRST RESPONDENT
FRANK PATRICK BARBARO
SECOND RESPONDENT
ARTHUR JOSEPH LOVEDAY
THIRD RESPONDENT
JOSEPH ALEXANDER CASSAR
FOURTH RESPONDENT
FRANK VELARDI
FIFTH RESPONDENT
PETER PANGALLO
SIXTH RESPONDENT
ROBERT IBRAHIM
SEVENTH RESPONDENT
AUSTRALIAN BROADCASTING CORPORATION
EIGHTH RESPONDENT
SEVEN NETWORK PTY LTD
NINTH RESPONDENT
NINE NETWORK PTY LTD
TENTH RESPONDENT
JOHN FAIRFAX PUBLICATIONS PTY LTD
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