Australian Securities and Investments Commission v Cassimatis (No 7) [2016] FCA 624

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Cassimatis (No 7) [2016] FCA 624 File number: QUD 574 of 2010

Judge: EDELMAN J

Date of judgment: 4 June 2016

Catchwords: COSTS – appropriate order for costs following amendment to pleading – whether previous costs orders should be reopened – manner in which costs should be assessed

Legislation: Corporations Act 2001 (Cth) ss 180(1), 206E

Cases cited: Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; (2013) 220 FCR 256 Media Ocean Limited v Optus Mobile Pty Limited (No 6) [2009] FCA 1319

Date of hearing: Determined on the papers

Date of last submissions: 3 June 2016 (Applicant)

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: Mr P Davis QC with Mr S Cooper and Ms S Robb

Solicitor for the Applicant: Australian Securities and Investments Commission

Counsel for the Respondents: Mr P Franco QC

Solicitor for the Respondents: Russells

Table of Corrections

31 August 2016 In paragraph 1, "2011" has been replaced with "2001".

ORDERS QUD 574 of 2010

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Applicant

AND: EMMANUEL GEORGE CASSIMATIS First Respondent

JULIE GLADYS CASSIMATIS Second Respondent

JUDGE: EDELMAN J DATE OF ORDER: 4 JUNE 2016

THE COURT ORDERS THAT:

1. The applicant pay the respondents' costs of the applicant's application for leave to amend filed on 27 May 2016 to be taxed if not agreed. 2. The applicant pay the respondents' costs of amendment to their defence occasioned by the applicant's amendment, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.