Nilant v Macchia [2001] FCA 340

FEDERAL COURT OF AUSTRALIA

Nilant v Macchia [2001] FCA 340

PRACTICE AND PROCEDURE – costs – application for costs certificate – Full Court allowed appeal on a question of law – whether costs certificate should be granted in respect of appeal – whether respondent could or should be required to give undertaking to apply any funds received pursuant to such certificate to pay the appellant's costs.

Federal Proceedings (Costs) Act 1981, s 6

CHARLES PHILLIPPE LOUIS NILANT v MARIO SILVERIO MACCHIA

W 62 of 2000

HILL, CARR & WEINBERG JJ

30 MARCH 2001

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 62 OF 2000

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

Appellant

AND: MARIO SILVERIO MACCHIA

Respondent

JUDGES: HILL, CARR & WEINBERG JJ

DATE OF ORDER: 30 MARCH 2001

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 W 62 of 2000 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 the appellant in relation to that appeal that have been, or are required to be, paid by the respondent to the appellant in that appeal pursuant to an order of the Full Court. 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

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