Chapmans Ltd v Australian Stock Exchange Ltd

[1996] FCA 738

IN THE FEDERAL COURT OF AUSTRALIA  )
  )
NEW SOUTH WALES DISTRICT REGISTRY  )     No NG549 of 1995
  )
GENERAL DIVISION                  )

ON APPEAL FROM A JUDGE
             OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:CHAPMANS LIMITED

Appellant

AND:AUSTRALIAN STOCK EXCHANGE LIMITED

Respondent

CORAM:    LOCKHART, SHEPPARD and HILL JJ.
PLACE:    SYDNEY
DATED:    26 AUGUST 1996

REASONS FOR JUDGMENT
THE COURT:
     On 21 June 1996 the Court gave judgment in this matter.  Orders were made dismissing the appeal and directing the parties to file submissions concerning the appropriate order for costs.  Those submissions were received by the Court.  We do not find it necessary to have the matter listed for oral argument.

We have considered those written submissions.  Although the appeal was dismissed, this does not mean that the appellant had been completely unsuccessful in the appeal or that its application instituting the proceeding in the Court's original jurisdiction was entirely misconceived.  In our opinion there should be no order concerning the costs of the appeal or of the proceeding at first instance.
     Accordingly, the Court orders that there be no order concerning the costs of either party of the appeal or the proceeding at first instance.

I certify that this and the preceding one (1) page are a true copy of the reasons for judgment herein of the Court.

Associate

Dated:  26 August  1996

Counsel and Solicitors      D Bennett QC with E Strasser

for Appellant:              instructed by Glynn Chaffey

Counsel and Solicitors      J Hilton SC with T Castle

for Respondent:             instructed by Allen Allen & Hemsley

Date Judgment Delivered:         26 August 1996

IN THE FEDERAL COURT OF AUSTRALIA  )
  )
NEW SOUTH WALES DISTRICT REGISTRY  )     No NG549 of 1995
  )
GENERAL DIVISION                  )

ON APPEAL FROM A JUDGE
             OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:CHAPMANS LIMITED

Appellant

AND:AUSTRALIAN STOCK EXCHANGE LIMITED

Respondent

CORAM:    LOCKHART, SHEPPARD AND HILL JJ
PLACE:    SYDNEY
DATED:    26 AUGUST 1996

MINUTE OF ORDERS

THE COURT ORDERS THAT:

1. There be no order concerning the costs of either party of the appeal or the proceeding at first instance.

NOTE:     Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.