Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mansfield v Australian Crime Commission [2003] FCA 1632
NIGEL CUNNINGHAM SWIFT MANSFIELD v AUSTRALIAN CRIME COMMISSION W134 of 2003 CARR J 26 NOVEMBER 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W134 OF 2003
BETWEEN: NIGEL CUNNINGHAM SWIFT MANSFIELD
APPLICANT
AND: AUSTRALIAN CRIME COMMISSION
RESPONDENT
JUDGE: CARR J
DATE OF ORDER: 26 NOVEMBER 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The respondent pay 60% of the applicant's costs of the application including the costs of the respondent's motion filed on 20 June 2003. 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 W134 OF 2003
BETWEEN: NIGEL CUNNINGHAM SWIFT MANSFIELD
APPLICANT
AND: AUSTRALIAN CRIME COMMISSION
RESPONDENT
JUDGE: CARR J
DATE: 26 NOVEMBER 2003
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 The question to be decided is what order should be made in respect of the costs of this application. 2 On 3 October 2003, for reasons which I published on that date, I made orders that the decision of an examiner, made by way of a ruling on 4 June 2003 in the course of an examination conducted under Division 2 of Part II of the Australian Crime Commission Act 2002 (Cth), be referred to him for further consideration in the light of my reasons for judgment. The citation for that judgment and reasons is Mansfield v Australian Crime Commission [2003] FCA 1059. 3 I also gave the applicant liberty to apply on 48 hours notice should the examiner (or any other examiner in his place) in the conduct of an examination of the type referred to in those reasons over-rule any objection taken by the applicant to specific questions on the ground of legal professional privilege or on the ground that to compel such answers might constitute a real or substantial risk of interference with the course of justice in certain proceedings referred to in my reasons. Finally, I ordered that the application be otherwise stood over with liberty to apply generally.
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