Van Oostveen v Commonwealth of Australia [1999] FCA 1398

FEDERAL COURT OF AUSTRALIA

Van Oostveen v Commonwealth of Australia [1999] FCA 1398 WILLIAN VAN OOSTVEEN v COMMONWEALTH OF AUSTRALIA QG 180 of 1996 DOWSETT J 8 OCTOBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 180 OF 1996

BETWEEN: WILLIAM VAN OOSTVEEN

Applicant

AND: COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: DOWSETT J

DATE OF ORDER: 8 OCTOBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The notice of motion be dismissed. 2. The applicant pay the respondent's costs in the motion Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 180 OF 1996

BETWEEN: WILLIAM VAN OOSTVEEN

Applicant

AND: COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: DOWSETT J

DATE: 8 OCTOBER 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This purports to be an application by way of notice of motion to stay a taxation of costs. Inquiry of the applicant indicates that it relates to an order for costs made by Cooper J on 4 December 1998 in dismissing an application by the present applicant to review an earlier order for taxation of costs made by Drummond J. There has been no challenge to the order made by Cooper J, and no basis is shown in the material for any stay of that order. In the circumstances, the motion will be dismissed with costs. 2 I order that the applicant pay the respondent's costs of the motion.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate: Dated: 19 October 1999

Solicitor for the Applicant: The Applicant appeared in Person

Solicitor for the Respondent: Australian Government Solicitor