SS v Australian Crime Commission (No 2) [2009] FCA 760

FEDERAL COURT OF AUSTRALIA

SS v Australian Crime Commission (No 2) [2009] FCA 760

COSTS – which party should bear costs in relation to a withdrawn application to re-open – circumstances of the case – application to re-open based on first respondent's late production of relevant documents – decision to withdraw application based on objection by applicant – whether such circumstances warranted costs order in either party's favour COSTS – costs of applicant's notice of motion to be granted leave to make further submissions – circumstances of the case – whether costs order in applicant's favour appropriate Australian Crime Commission Act 2002 (Cth) SS v Australian Crime Commission [2009] FCA 580 SS v AUSTRALIAN CRIME COMMISSION and JEFFREY PHILIP ANDERSON

NSD 50 of 2009

JAGOT J

17 JULY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 50 of 2009

BETWEEN: SS

Applicant

AND: AUSTRALIAN CRIME COMMISSION

First Respondent

JEFFREY PHILIP ANDERSON

Second Respondent

JUDGE: JAGOT J

DATE OF ORDER: 17 JULY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Each party is to pay its own costs of preparation for and the hearing between 11.30 am and 12.45 pm on 24 April 2009 with respect to the first respondent's (withdrawn) application for leave to re-open. 2. The applicant is to pay the respondents' costs of the applicant's notice of motion filed 25 May 2009 and heard on 29 May 2009, as agreed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 50 of 2009