Price v Arktos Pty Ltd [2004] FCAFC 120

FEDERAL COURT OF AUSTRALIA

Price v Arktos Pty Ltd [2004] FCAFC 120

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 .