Johns v Australian Securities Commission

Case

[1993] HCATrans 377

No judgment structure available for this case.

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M38 of 1992

B e t w e e n -

IAN MALCOLM JOHNS

Appellant

and

AUSTRALIAN SECURITIES

COMMISSION

First Respondent

ANTHONY GEOFFREY HARTNELL

Second Respondent

NOREEN CLAIRE MEGAY

Third Respondent

ALBERT EDWARD WOODWARD

Fourth Respondent

DOUGLAS GILBERT WILLIAMSON

Johns(2) 101 9/12/93
DAWSON J TOOHEY J GAUDRON J

Fifth Respondent

THE HERALD AND WEEKLY TIMES LTD

Sixth Respondent

AUSTRALIAN BROADCASTING

CORPORATION

Seventh Respondent

THE STATE OF VICTORIA

Eight Respondent

Costs Order

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 9 DECEMBER 1993, AT 9.30 AM

(Continued from 13/10/93)

Copyright in the High Court of Australia

DAWSON J:  Judgment in this matter was delivered on
13 October 1993. We gave the parties leave to make

written submissions as to costs in the Federal

Court, and in this Court on the application for

special leave to appeal and on the hearing of the

appeal.

The order of the Court is:

"Further to the order made on 13 October 1993,
that order is varied as follows:

1.   Insert paragraph 2(ab) to read as follows:

(ab) the appellant pay the costs of the

2nd, 4th, 5th, 6th and 7th respondents

and 80% of the costs of the 1st and

3rd respondents of the proceedings in

the Full Court.

2. Add a sub-paragraph to paragraph 2(b) to
read as follows:

(iii)    order that the appellant pay the costs of the 2nd, 4th, 5th, 6th and 7th

respondents of the proceedings before

Heerey J. and pay 80% of the costs of

the 1st and 3rd respondents of the

proceedings before Heerey J.

3. Delete paragraph 4 and in lieu thereof

order that:

(a) the appellant pay the costs of the application for special leave to

appeal to this Court and of the appeal

Johns(2) 102 9/12/93

to this Court of the 2nd, 4th, 5th,

6th, 7th and 8th respondents;

(b) the appellant pay 80% of the costs of the application for special leave to
appeal to this Court of the 1st and
3rd respondents;
(c) subject to paragraph (b), the 1st and

3rd respondents pay the costs of the

appellant of the appeal to this Court
save for such of those costs as are
attributable to the hearing and
determination of issues between the
appellant and the 6th and 7th
respondents."

AT 9.32 AM THE MATTER WAS ADJOURNED SINE DIE

Johns(2) 103 9/12/93

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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