Federal Court of Australia
JUDGMENT No. 00.6
. secesceoccesscesesl eeenceneseon
IN THE FEDERAL COURT OF AUSTRALIA WESTERN TRALIA DISTRI REGISTRY No WAG 19 of 1994
ENERAL DIVISION
BETWEEN:
ASSOCIATED MINERALS CONSOLIDATED LIMITED Appellant
AND:
MMISSTONER OF T Tt Respondent
COURT: NORTHROP, SPENDER AND BURCHETT JJ
PLACE: PERTH DATE: 3 NOVEMBER 1994
MINUTES OF ORDER
THE COURT ORDERS THAT:
The respondent pay one half of the appellant's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
~4 NOV 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
Awe
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No WAG 19 of 1994
ENE DIVISION
BETWEEN:
ASSOCIATED MINERALS CONSOLIDATED LIMITED
Appellant AND: COMMISSTONER OF TAXATION Respondent COURT: NORTHROP, SPENDER AND BURCHETT JJ PLACE: PERTH DATE: 3 NOVEMBER 1994 REASONS FOR JUDGMENT THE COURT:
On 23 August 1994, the Court made orders disposing of this appeal and published its reasons for judgment for making
those orders. At the same time the Court announced the
following views:
"5. Either party may file and serve written submissions as to the costs of the appeal within ten days of the date of publication of these reasons.
6. If neither party files written submissions in accordance with order 5, the respondent pay one half of the appellant's costs of the appeal.
7. The respondent pay the appellant's costs of the cross-appeal."
Pursuant to the leave granted in paragraph 5, on 2 September 1994, the solicitor for the respondent filed
submissions supporting an order that each party pay its own costs on the appeal in lieu of the order that the respondent pay one half of the appellant's costs of the appeal. The respondent did not oppose the order set out in paragraph 7.
The substance of the submission was:
"The two issues on appeal were distinct issues. The Respondent won on one of the issues on appeal i.e. the interest costs on the Eurodollar loan. This issue was
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