Nilant v Macchia [2000] FCA 1414

FEDERAL COURT OF AUSTRALIA

Nilant v Macchia [2000] FCA 1414 PRACTICE & PROCEDURE – Costs – application for costs certificate – where Full Court allowed appeal on a question of law and remitted matter to primary judge for further consideration – whether costs certificates should be granted in respect of appeal and on the remitted hearing – whether "further consideration" amounts to a new trial. Federal Proceedings (Costs) Act 1981, s 6 & 8 Bankruptcy Act 1966, s 33(1)(c) and s 149(3) CHARLES PHILIPPE LOUIS NILANT as trustee of the bankrupt estate of Mario Silverio Macchia v MARIO SILVERIO MACCHIA WAG 51 of 1997 SPENDER, CARR, FINN JJ PERTH 9 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 51 OF 1997

BETWEEN: CHARLES PHILIPPE LOUIS NILANT as trustee of the bankrupt estate of Mario Silverio Macchia

APPELLANT

AND: MARIO SILVERIO MACCHIA

RESPONDENT

JUDGE: SPENDER, CARR, FINN JJ

DATE OF ORDER: 9 OCTOBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Pursuant to s 6(1) of the Federal Proceedings (Costs) Act 1981, the Full Court of the Federal Court grants to the respondent to appeal WAG 51 of 1997 a costs certificate in respect of that appeal, stating that in the opinion of the Full Court it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of: (a) the costs incurred by the respondent in relation to that appeal; and (b) any costs incurred by an appellant in relation to that appeal that have been, or are required to be, paid by the respondent to the appellant in that appeal in pursuance of an order by the Full Court. 2. Pursuant to s 8(1) of the Federal Proceedings (Costs) Act 1981, the Full Court of the Federal Court grants to the respondent to appeal WAG 51 of 1997 a costs certificate in respect of the new trial, stating that in the opinion of the Full Court it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in that appeal, in respect of such part as the Attorney-General considers appropriate, of the costs incurred by that party in relation to the new trial. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.