Von Arnim v Health Insurance Commission (No 2) [2003] FCA 1023

FEDERAL COURT OF AUSTRALIA

Von Arnim v Health Insurance Commission (No 2) [2003] FCA 1023 PRACTICE AND PROCEDURE – costs – solicitor and client costs for affidavits prepared to answer claim subsequently abandoned Forester v Read (1870) 6 Ch App 40 cited Australian Transport Insurance Pty Ltd v Graeme Phillips Road Transport Insurance Pty Ltd (1985) 10 FCR 177 cited DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARMIN v THE HEALTH INSURANCE COMMISSION AND ROBERT MILICI AND ANNE JEANETTE MAUGHAN (NO 2) V684 of 2003 HEEREY J 24 SEPTEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V684 OF 2003

BETWEEN: DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM

APPLICANT

AND: THE HEALTH INSURANCE COMMISSION

FIRST RESPONDENT

ROBERT MILICI

SECOND RESPONDENT

ANNE JEANETTE MAUGHAN

THIRD RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 24 SEPTEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondents' costs of preparation of the five affidavits referred to in the reasons for judgment will be on a solicitor and client basis. 2. An order or declaration to the effect that the first and second respondents are entitled to: (a) reclaim from the custody of the Magistrates Court of Victoria the following things: (i) the two sealed cardboard Corporate Express boxes ("the boxes") which the second respondent deposited there on 16 July 2003 in relation to search warrant 1925/03; (ii) the folders inside the boxes; (iii) 28 discs labelled "Australian Federal Police" which the second respondent deposited there on 22 July 2003 in relation to search warrant 1925/03; and (b) to deposit the same (keeping the same sealed as at present) with the officer in charge for the time being of the property room of the first respondent, 11th floor, 460 Bourke Street, Melbourne, pending further order of this Court or agreement between the parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.