FEDERAL COURT OF AUSTRALIA Russo v Private Funds Management Pty Ltd [2011] FCA 872 Citation: Russo v Private Funds Management Pty Ltd [2011] FCA 872 Appeal from: Russo v Private Funds Management Pty Ltd [2011] FMCA 8 Parties: ANGELO PETER RUSSO v PRIVATE FUNDS MANAGEMENT PTY LTD, ANNETTE JOY CONN and ROBERT CHRZASZCZ & ASSOCIATES File number(s): SAD 8 of 2011 Judge: TRACEY J Date of judgment: 5 August 2011 Date of last submissions 2 June 2011 Legislation: Bankruptcy Act 1966 (Cth) s 109 Cases cited: Mearns v Australian Litigation Fund Pty Ltd [2006] FCAFC 168 followed Russo v Private Funds Management Pty Ltd [2011] FCA 542 referred to Date of hearing: 26 May 2011 Place: Melbourne (heard in Adelaide) Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 5 Counsel for the Appellant: The Appellant did not appear Counsel for the Respondents: Mr S Abbott Solicitor for the Respondents: Madsen Rowley IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 8 of 2011 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: ANGELO PETER RUSSO Appellant AND: PRIVATE FUNDS MANAGEMENT PTY LTD First Respondent ANNETTE JOY CONN Second Respondent ROBERT CHRZASZCZ & ASSOCIATES Third Respondent JUDGE: TRACEY J DATE OF ORDER: 5 AUGUST 2011 WHERE MADE: MELBOURNE (HEARD IN ADELAIDE) THE COURT ORDERS THAT: 1. The Respondents' costs of the appeal, including reserved costs, be taxed and paid out of the Appellant's estate in accordance with para 109(1)(a) of the Bankruptcy Act 1966 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 8 of 2011 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: ANGELO PETER RUSSO Appellant AND: PRIVATE FUNDS MANAGEMENT PTY LTD First Respondent ANNETTE JOY CONN Second Respondent ROBERT CHRZASZCZ & ASSOCIATES Third Respondent JUDGE: TRACEY J DATE: 5 AUGUST 2011 PLACE: MELBOURNE (HEARD IN ADELAIDE) REASONS FOR JUDGMENT 1 On 26 May 2011 I dismissed an appeal by Mr Russo against a decision of a Federal Magistrate who had refused to set aside a sequestration order which had been made by a Registrar of the Court: see Russo v Private Funds Management Pty Ltd [2011] FCA 542. 2 I invited the parties to file and serve written submissions as to what, if any, orders should be made relating to the costs of the unsuccessful appeal. 3 The Respondents filed a written submission seeking an order that their costs of the appeal be taxed and paid out of Mr Russo's bankrupt estate. 4 Mr Russo filed no submissions on costs. 5 The order sought by the Respondents is a usual order following unsuccessful appeals in cases such as the present: see Mearns v Australian Litigation Fund Pty Ltd [2006] FCAFC 168 at [4]. Such an order should be made in this case. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tracey. Associate: Dated: 5 August 2011