Australian Securities and Investments Commission v McCormack (No 2) [2017] FCA 684

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v McCormack (No 2) [2017] FCA 684 Appeal from: McCormack and Australian Securities and Investments Commission [2016] AATA 1021

File number: VID 6 of 2017

Judge: O'CALLAGHAN J

Date of judgment: 19 June 2017

Catchwords: COSTS – whether the Court should issue a certificate under the Federal Proceedings (Costs) Act 1981 (Cth) to unsuccessful respondent

Legislation: Federal Proceedings (Costs) Act 1981 (Cth), s 6(1)

Cases cited: Anti-Doping Rule Violation Panel v XZTT (No 2) [2013] FCAFC 135 Bullock v The Federated Furnishing Trades Society of Australasia (No 2) (1985) 5 FCR 476 Richards v Faulls Pty Ltd [1971] WAR 129

Date of hearing: 15 June 2017

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Dr P Bender

Solicitor for the Applicant: Australian Securities and Investments Commission

Counsel for the Respondent: Ms R Ellyard

Solicitor for the Respondent: Doogue O'Brien George Pty Ltd

ORDERS VID 6 of 2017

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Applicant

AND: GERARD MCCORMACK

Respondent

JUDGE: O'Callaghan j DATE OF ORDER: 19 june 2017

THE COURT ORDERS THAT:

1. The respondent be granted a certificate to the effect that in the opinion of the Court it would be appropriate for the Attorney-General to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the respondent in respect of: (a) the costs incurred by the respondent in relation to the appeal; and (b) the costs incurred by the applicant in respect of the appeal that are required to be paid by the respondent in pursuance of the order of the Court of 15 June 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.