Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Limited) (No 2) [2007] FCA 179

FEDERAL COURT OF AUSTRALIA

Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Limited) (No 2) [2007] FCA 179 COSTS – action summarily dismissed – unreasonable to have subjected the respondents to the expenditure of costs Federal Court of Australia Act 1976 (Cth) s 43 Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 60 referred to Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 141 ALR 727 cited Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited Yates Property Corporation Pty Ltd v Boland (No 2) (1997) 147 ALR 685 cited Hamod v New South Wales (2002) 188 ALR 659 followed VINCENZO CIRILLO v CONSOLIDATED PRESS PROPERTY PTY LTD (FORMERLY KNOWN AS CITICORP AUSTRALIA LIMITED), JOHN HAROLD HEARD, STEPHEN YOUNG, CW CONSTRUCTION PTY LTD (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION) AND FINLAYSONS A FIRM No SAD 254 of 2006

FINN J

22 FEBRUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 254 OF 2006

BETWEEN: VINCENZO CIRILLO

Applicant

AND: CONSOLIDATED PRESS PROPERTY PTY LTD (FORMERLY KNOWN AS CITICORP AUSTRALIA LIMITED)

First Respondent

JOHN HAROLD HEARD

Second Respondent

STEPHEN YOUNG

Third Respondent

CW CONSTRUCTION PTY LTD (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

Fourth Respondent

FINLAYSONS A FIRM

Fifth Respondent

JUDGE: FINN J DATE OF ORDER: 22 FEBRUARY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The applicant pay the respondents' costs of the application on a solicitor and client basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 254 OF 2006