Russo v Private Funds Management Pty Ltd

[2011] FCA 872

FEDERAL COURT OF AUSTRALIA

Russo v Private Funds Management Pty Ltd [2011] FCA 872

Citation:		Russo v Private Funds Management Pty Ltd [2011] FCA 872
Appeal from:		Russo v Private Funds Management Pty Ltd [2011] FMCA 8
Parties:		ANGELO PETER RUSSO v PRIVATE FUNDS MANAGEMENT PTY LTD, ANNETTE JOY CONN and ROBERT CHRZASZCZ & ASSOCIATES
File number(s):		SAD 8 of 2011
Judge:		TRACEY J
Date of judgment:		5 August 2011
Date of last submissions		2 June 2011
Legislation:		Bankruptcy Act 1966 (Cth) s 109
Cases cited:		Mearns v Australian Litigation Fund Pty Ltd [2006] FCAFC 168 followed Russo v Private Funds Management Pty Ltd [2011] FCA 542 referred to
Date of hearing:	26 May 2011
Place:	Melbourne (heard in Adelaide)
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	5
Counsel for the Appellant:	The Appellant did not appear
Counsel for the Respondents:	Mr S Abbott
Solicitor for the Respondents:	Madsen Rowley

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 8 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

ANGELO PETER RUSSO
Appellant

AND:

PRIVATE FUNDS MANAGEMENT PTY LTD
First Respondent

ANNETTE JOY CONN
Second Respondent

ROBERT CHRZASZCZ & ASSOCIATES
Third Respondent

JUDGE:	TRACEY J
DATE OF ORDER:	5 AUGUST 2011
WHERE MADE:	MELBOURNE (HEARD IN ADELAIDE)

THE COURT ORDERS THAT:

1.The Respondents’ costs of the appeal, including reserved costs, be taxed and paid out of the Appellant’s estate in accordance with para 109(1)(a) of the Bankruptcy Act 1966 (Cth).

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 8 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

ANGELO PETER RUSSO
Appellant

AND:

PRIVATE FUNDS MANAGEMENT PTY LTD
First Respondent

ANNETTE JOY CONN
Second Respondent

ROBERT CHRZASZCZ & ASSOCIATES
Third Respondent

JUDGE:	TRACEY J
DATE:	5 AUGUST 2011
PLACE:	MELBOURNE (HEARD IN ADELAIDE)

REASONS FOR JUDGMENT

1. On 26 May 2011 I dismissed an appeal by Mr Russo against a decision of a Federal Magistrate who had refused to set aside a sequestration order which had been made by a Registrar of the Court: see Russo v Private Funds Management Pty Ltd [2011] FCA 542.

2. I invited the parties to file and serve written submissions as to what, if any, orders should be made relating to the costs of the unsuccessful appeal.

3. The Respondents filed a written submission seeking an order that their costs of the appeal be taxed and paid out of Mr Russo’s bankrupt estate.

4. Mr Russo filed no submissions on costs. 

5. The order sought by the Respondents is a usual order following unsuccessful appeals in cases such as the present:  see Mearns v Australian Litigation Fund Pty Ltd [2006] FCAFC 168 at [4]. Such an order should be made in this case.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tracey.

Associate:

Dated:       5 August 2011