O'Brien v Sheahan

[2005] FCA 306

FEDERAL COURT OF AUSTRALIA

O’Brien v Sheahan [2005] FCA 306

CHRISTOPHER JOHN O’BRIEN v JOHN SHEAHAN

SAD 7006 of 2003

LANDER J
7 JULY 2005
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 7006 OF 2003

BETWEEN:	CHRISTOPHER JOHN O’BRIEN APPLICANT
AND:	JOHN SHEAHAN RESPONDENT
JUDGE:	LANDER J
DATE OF ORDER:	7 JULY 2005
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.        The applicant pay to the respondent John Sheahan his costs of the trial.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 7006 OF 2003

BETWEEN:	CHRISTOPHER JOHN O’BRIEN APPLICANT
AND:	JOHN SHEAHAN RESPONDENT

JUDGE:	LANDER J
DATE:	7 JULY 2005
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application by the respondent seeking an order for costs in relation to the proceeding before me in which I delivered judgment on 14 May 2004.  At that time I reserved the question of costs because the respondent wished to obtain instructions as to whether the respondent sought costs on indemnity basis.  Subsequent to my order on that day dismissing the application, the applicant appealed to the Full Court of the Federal Court of Australia.  That appeal has been dismissed.  The applicant has been ordered to pay the respondent’s costs of that appeal.

2. The respondent has made application this morning for the costs before me.  There has been no appearance by the applicant.  The respondent has provided to me a letter written by his solicitors Gretsas Chrzaszcz, dated 20 April 2005, to the applicant’s solicitors.  That letter enclosed consent minutes of order for signing by the applicant’s solicitors if their instructions were to agree to an order for costs against the applicant on a party and party basis.

3. That was not replied to.  I am advised that yesterday the respondent’s solicitors spoke to a solicitor, Mr Paul Richardson, who apparently had carriage of the matter on behalf of Mr O’Brien.  Mr Richardson advised the respondent’s solicitor that Mr O’Brien does not object to an order for costs on a party and party basis.  In those circumstances, I will make an order that the applicant pay the respondent’s costs of and incidental to the proceedings before me on a party and party basis.

4. I make orders in the terms of the minutes of order this day handed to me.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lander.

Associate:

Dated:             8 July 2005

Counsel for the Applicant:	The Applicant did not appear
Counsel for the Respondent:	Mr G Gretsas
Solicitor for the Respondent:	Gretsas Chrzaszcz
Date of Hearing:	7 July 2005
Date of Judgment:	7 July 2005