Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VB 1078 of 1990
bankruptcy district of the state of victoria
re: ROBERT GRAHAM ANSETT
ex parte: PAUL ANTHONY PATTISON (AS TRUSTEE OF THE ESTATE OF ROBERT GRAHAM ANSETT)
APPLICAnt
AND: SHERRIE CROSSWELL, ROBERT GRAHAM ANSETT AND JOSEPHINE ANNE ANSETT
RESPONDENTS
COURT: northrop acj
DATE OF ORDER: 23 april 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The Applicant pay the Respondents' costs, including reserved costs, to be taxed on a party and party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VB 1078 of 1990
bankruptcy district of the state of victoria
RE: ROBERT GRAHAM ANSETT
EX PARTE: PAUL ANTHONY PATTISON (AS TRUSTEE OF THE ESTATE OF ROBERT GRAHAM ANSETT)
APPLICAnt
and: sherrie crosswell, robert graham ansett and josephine anne ansett
respondents
COURT: NORTHROP ACJ
DATE: 23 APRIL 1998
PLACE: MELBOURNE
REASONS FOR JUDGMENT On 25 March 1998 the Court made an order that the application in this proceeding be dismissed. At the same time the Court granted leave to the parties if so desired to make written submissions if any special orders for costs were sought. The Court indicated that in the absence of any submissions, the Court would order that the applicant pay the respondents' costs. On 7 April, the solicitors for the Respondents filed an affidavit and submissions in support of the following orders:- "1. The Applicant pay to the Respondents on the indemnity basis their costs (including reserved costs) of and incidental to the proceeding". 2. Alternatively, the Applicant pay to the Respondents on the party-party basis their costs (including reserved costs) of and incidental to the proceeding (save for the issue of the intent of the bankrupt under s. 121 of the Bankruptcy Act 1966) until 16 September 1996, and pay to the Respondents on the indemnity basis their costs of and incidental to the said issue of intent before 16 September 1996 and of and incidental to the whole proceeding after 16 September 1996."
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