Federal Court of Australia
Practice and Procedure - bankruptcy - costs on appeal - appeliant
successful - exercise of discretion - basis upon which appeal
succeeded not reflected in qrounds of appeal -
no order as to
costs
Federal Court of Australia Act 1976 s.43 Bankruptcy Act 1966 s.32
MAURICE HODGSON LYFORD v. JOSEPH LEVIT No. WA Gll of 1984
%
CORAM: Bowen C.J., Toohey & Fisher JJ.
20 August 1984 Perth
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA Gli of 1984
ON APPEAL FROM THE SUPREME COURT OF _WES' USTRALIA
BETWEEN:
MAURICE HODGSON LYFORD Appellant
and JOSEPH LEVIT
Respondent
Q R D E R JUDG IG ORDER 2 Bowen C.J., Toohey & Fisher JJ. DATE OF ORDER : 20 August 1984 WHERE MADE 3 Perth
THE COURT ORDERS THAT:
1.
There be no order as to the costs of this appeal.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA Gll of 1984
wee we
ON APP FROM THE SUP: OURT STERN _AUS' IA
BETWEEN:
MAURICE HODGSON LYFORD Appellant
and
JOSEPH LEVIT
Respondent
CORAM: BOWEN C.J., TOOHEY & FISHER JJ. 20 AUGUST 1984
REASONS FOR JUDGMENT
THE COURT
When the Court allowed this appeal, counsel for the appellant sought an order that the respondent pay the costs of the
appeal. This motion was opposed. As only one member of the Court was present when judgment was delivered, the parties were given leave to file written submissions in support of or in opposition
to this application for costs.
Section 43 of the Federa] Court of Australia Act 1976
confers on the Court a broad discretion in matters of costs,
though it is a discretion to be exercised judicially (see also Bankruptcy Act 1966, 8.32).
In the ordinary course a successful appellant may expect an order for costs in his favour. However, in the particular circumstances of this case, we think it appropriate that there be
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