Easterday, Clark Ervin v Australian Securities Commission & Anor [1996] FCA 643

CATCHWORDS

COSTS - appeal from Administrative Appeals Tribunal - freedom of information - whether costs should follow the event - whether existence of mareva injunction in relation to assets of unsuccessful applicant a bar to costs orders - whether costs should be allowed for separate representation - whether costs orders should be for fixed sums. ACF v Forestry Commission and Ors (1998) 81 ALR 166 Gladstone Park Shopping Centre Pty Ltd v Wills (1984) 6 FCR 496 cf Golskiv v Kirk (1987) 14 FCR 143 Hughes v WA Cricket Association (Inc) (1986) ATPR 48,134 Norilya Minerals Pty Ltd v Ireland (Intervener Commonwealth Bank of Australia) (1994) 12 WAR 485 Perrett v Commissioner for Superannuation (1991) 29 FCR 581 Statham v Sheppard (No 2) 1974 FLR 244 CLARK ERVIN EASTERDAY v AUSTRALIAN SECURITIES COMMISSION and AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691) NO WAG 18 OF 1996 R D NICHOLSON J PERTH 26 July 1996

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) GENERAL DIVISION ) NO WAG 18 OF 1996 B E T W E E N: CLARK ERVIN EASTERDAY Applicant and AUSTRALIAN SECURITIES COMMISSION First Respondent and AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691) Second Respondent JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 26 July 1996 WHERE MADE: PERTH

THE COURT ORDERS THAT: 1/ The second respondent do within 5 days file and serve a submission on whether its costs should be fixed in a sum. 2/ The applicant have a further 5 days to file and serve any submission in reply. 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 ) GENERAL DIVISION ) NO WAG 18 OF 1996

B E T W E E N: CLARK ERVIN EASTERDAY Applicant and AUSTRALIAN SECURITIES COMMISSION First Respondent and AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691) Second Respondent