Minister for Foreign Affairs and Trade v Magno, G.

[1992] FCA 956

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:

1. The respondents pay the costs of the appellants of the appeal.

2. 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