Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gangemi v Australian Securities & Investments Commission
And
Liedermoy v Australian Securities & Investments Commission
[2003] FCA 563
NINO GANGEMI v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION W289 OF 2002 JOHN OLIVER LIEDERMOY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION W290 OF 2002 FRENCH J 28 MAY 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W289 OF 2002
BETWEEN: NINO GANGEMI
APPLICANT
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 28 MAY 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: There be no order as to the costs of the application. 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 W290 OF 2002
BETWEEN: JOHN OLIVER LIEDERMOY
APPLICANT
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 20 MAY 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: There be no order as to the costs of the application. 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 W289 OF 2002
BETWEEN: NINO GANGEMI
APPLICANT
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
RESPONDENT
W290 OF 2002
BETWEEN: JOHN OLIVER LIEDERMOY
APPLICANT
AND: AUSTRALIAN SECURITIES AND INVESTMENTS
COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE: 28 MAY 2003
PLACE: PERTH
REASONS FOR JUDGMENT ON ORDER AS TO COSTS 1 In delivering judgment in these matters I proposed to make no order as to costs on the basis that the applicants and the Australian Securities and Investments Commission (ASIC) had each been partially successful in the proceedings. Counsel for ASIC however raised the possibility that a different order should be made in relation to the costs of the proceedings and I allowed seven days for submissions as to costs to be filed. 2 The solicitors for the applicants and Mr Benter for the Perth office of ASIC have now written to the Court indicating that they are agreed there should be no order as to the costs of the two applications. I will order accordingly. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French.
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