Dunstan v Seymour [2006] FCA 917

FEDERAL COURT OF AUSTRALIA

Dunstan v Seymour [2006] FCA 917 COSTS – lump sum order for costs – whether lump sum order should be made where taxation of costs has already commenced

HELD – costs fixed in a lump sum

Federal Court of Australia Act 1976 (Cth) Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 referred to Canvas Graphics Pty Ltd v Kodak (Australasia) Pty Ltd [1998] FCA 23 referred to Brookfield v Davey Products Pty Ltd [1997] FCA 1462 discussed Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 cited Dunstan v Seymour [2002] FCA 1195 cited COLIN GEORGE DUNSTAN v GEOFFREY SEYMOUR ACD 31 of 1997 COLIN GEORGE DUNSTAN v JOHN GROWDER ACD 32 of 1997 MANSFIELD J 20 JULY 2006 CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 31 of 1997

BETWEEN: COLIN GEORGE DUNSTAN

INFORMANT

AND: GEOFFREY SEYMOUR

DEFENDANT

JUDGE: MANSFIELD J

DATE OF ORDER: 20 JULY 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The costs ordered to be paid by Colin George Dunstan to Geoffrey Seymour by order of 14 September 1998 be fixed in the gross sum of $11,200. 2. The issue as to the costs of taxation of the costs ordered to be paid by order of 14 September 1998 be adjourned to a date to be fixed. 3. The fixing of a gross sum for the costs ordered to be paid by order of 13 September 2002 be adjourned to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 32 of 1997

BETWEEN: COLIN GEORGE DUNSTAN

INFORMANT

AND: JOHN GROWDER

DEFENDANT

JUDGE: MANSFIELD J

DATE OF ORDER: 20 JULY 2006