Nilant v Macchia [2000] FCA 1778

FEDERAL COURT OF AUSTRALIA

Nilant v Macchia [2000] FCA 1778

CHARLES PHILIPPE LOUIS NILANT v MARIO SILVERIO MACCHIA W 62 of 2000 HILL, CARR and WEINBERG JJ 6 DECEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 62 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CHARLES PHILIPPE LOUIS NILANT

Appellant

AND: MARIO SILVERIO MACCHIA

Respondent

JUDGES: HILL, CARR AND WEINBERG JJ

DATE OF ORDER: 6 DECEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The order in relation to costs, made on 27 April 2000, be set aside. 2. The respondent pay the appellant's costs of the proceedings at first instance and of the appeal. 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 W 62 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CHARLES PHILIPPE LOUIS NILANT

Appellant

AND: MARIO SILVERIO MACCHIA

Respondent

JUDGES: HILL, CARR AND WEINBERG JJ

DATE: 6 DECEMBER 2000

PLACE: PERTH

REASONS FOR JUDGMENT THE COURT: 1 In this matter we published our reasons for allowing the appeal on 27 October 2000. An issue then arose between the parties about the appropriate costs orders which should be made. Accordingly, an order was made that the appeal be allowed and directions were given for the filing and service of minutes of orders and submissions by each party. No minute of orders has been filed by either party, but each has filed submissions on the questions of the appropriate costs orders in relation to the proceedings at first instance and on the appeal. 2 The respondent submits that each party should bear his own costs of the proceedings at first instance and on appeal. The appellant seeks an order that the respondent pay his costs of the appeal and at first instance.