Minister for Foreign Affairs and Trade v Magno, G.
[1992] FCA 956
•14 Dec 1992
JUDGMENT No. .2 ........ ..... .... ....... 5-6 , 7 2
IN THE FEDERAL COURT OF AUSTRALIA
) )
VICTORIA DISTRICT REGISTRY
) No. VG 154 of 1992 1 GENERAL DIVISION )
On appeal from a Judge of the
Federal Court of Australia
BETWEEN: MINISTER FOR FOREIGN
AFFAIRS AND TRADE
First Appellant
THE COMMISSIONER OF THE
AUSTRALIAN FEDERAL POLICE
Second Appellant
THE COMMONWEALTH OF
AUSTRALIA
Third Appellant
AND: GERALDO MAGNO
First Respondent
INES ALMEIDA
Second Respondent
C O W : GUMMOW, FRENCH and EINFELD JJ.
PLACE : SYDNEY DATE : 14 DECEMBER 1992
15 DEC 1992
MINUTE OF ORDERS
trial of the separate issue before Olney J.
THE COURT ORDERS THAT:
The respondents pay the costs of the appellants of the appeal.
Order 2 of the orders made by Olney J on 16 April
1992 be set aside and in place thereof the
respondents pay the costs of the appellants of the
IN THE FEDERAL COURT OF AUSTRALIA
) )
VICTORIA DISTRICT REGISTRY
) No. VG 154 of 1992 ) GENERAL DIVISION )
On appeal from a Judge of the
Federal Court of Australia
BETWEEN: MINISTER FOR FOREIGN
AFFAIRS AND TRADE
First Appellant
THE COMMISSIONER OF THE
AUSTRALIAN FEDERAL POLICE
Second Appellant
THE COMMONWEALTH OF
AUSTRALIA
Third Appellant
AND: GERALDO MAGNO
First Respondent
INES ALMEIDA
Second Respondent
CORAM : GUMMOW, FRENCH and EINFELD JJ. PLACE : SYDNEY DATE : 14 DECEMBER 1992
REASONS FOR JUDGMENT ON COSTS
THE COURT:
On 26 November 1992 the Court, by majority, decided that the appeal should be allowed. Order 3 of the orders pronounced on that day was in the following terms: -
"Any party seeking a costs order do so by written submissions filed in the New South Wales District Registry within 7 days"
Within the time so provided, the appellants filed written submissions seeking orders that their costs of the appeal be paid by the respondents and that the respondents pay the costs of the appellants of the hearing before Olney J on 16 April 1992. The respondents filed a submission seeking the grant to them of a costs certificate under sub-S. 6 (1) of the Federal Proceedinas ICostsl Act 1981.
The appellants should have an order for their costs as sought by them. The respondents have not put any submission to the contrary.
However, the respondents should have the costs certificate they seek. Section 12 of the legislation provides that the jurisdiction of the Court to grant such a certificate may be exercised by a member of the Court sitting in Chambers. The issue of the costs certificate will be dealt with in that fashion.
true copy of the Reasons for Judgment herein of the I certify that this and the preceding one (1) page are a Court.
Associate:
Date: 14 December 1992 U
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