Easterday, Clark Ervin v Australian Securities Commission & Anor [1996] FCA 793

CATCHWORDS PROCEDURE - costs - assessment in lieu of taxation - application to fix costs Federal Court Rules, O62 r4(2)(c) Beach Petroleum NL and Claremont Petroleum NL v Johnson (1995) 57 FCR 119 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 4 SEPTEMBER 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 AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691) Second Respondent MINUTE OF ORDER JUDGE MAKING ORDER:R D NICHOLSON J DATE OF ORDER: 4 SEPTEMBER 1996 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The applicant pay the costs of the first and second respondent. 2. Those costs be fixed in the amounts of $1,566.00 and $2,281.00 respectively. 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 AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691) Second Respondent CORAM: R D NICHOLSON J DATE: 4 SEPTEMBER 1996 PLACE: PERTH REASONS FOR JUDGMENT On 26 July 1996 short written reasons were given inviting the second respondent and the applicant to file written submissions on whether costs should be fixed and in what amount. The first applicant had already filed submissions requesting that costs be fixed in an amount. Short written submissions dated 2 August 1996 were filed by the second respondent and an affidavit was filed by the applicant dated 5 August 1996. The applicant's affidavit makes clear he is not entitled to remuneration for his employment and he is no longer entitled to a weekly allowance under the mareva injunction over his assets. These circumstances were not clear at the giving of my reasons on 26 July 1996.