Siminton v Australian Prudential Regulation Authority (No 2) [2008] FCAFC 113

Siminton v Australian Prudential Regulation Authority (No 2) [2008] FCAFC 113

No order should be made for the appellant's costs of the appeal or the District Registrar's notice of motion because the appeal succeeded only on a point not advanced by the appellant, while the contentions he did advance were rejected. APRA could not properly be ordered to pay the appellant's costs because it took no part in the proceedings leading to the imprisonment order or the appeal against that order, and the appellant was not entitled to costs against the District Registrar. Because the appellant's further costs submissions caused APRA and the District Registrar to incur further costs, the appellant should pay those costs.

Jurisdiction
Australia
Judgment Date
19 June 2008
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia; Costs Determination After Appeal Against Contempt Orders / Full Court Costs Orders Following Appeal Judgment
Outcome
No order as to costs of the appeal or the District Registrar's notice of motion; appellant ordered to pay APRA's and the District Registrar's costs of the further proceedings on costs.
Legal Topics
['costs Following the Event' 'costs Where Appeal Succeeds on an Unargued Point' 'costs Against Non Participating Respondent' 'costs of Further Submissions on Costs']
['civil Procedure' 'costs' 'contempt'] ['costs Following the Event' 'costs Where Appeal Succeeds on an Unargued Point' 'costs Against Non Participating Respondent' 'costs of Further Submissions on Costs']

Case Brief

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia; Costs Determination After Appeal Against Contempt Orders / Full Court Costs Orders Following Appeal Judgment

Legal Issues

  1. 1 ['Whether the appellant should receive costs of the appeal and first instance proceedings after the appeal succeeded on a ground not advanced by him.' "Whether any costs order in the appellant's favour should be made against APRA or the District Registrar." 'Whether the appellant should pay the costs incurred by APRA and the District Registrar in the further proceedings on costs.']

Ratio Decidendi

No order should be made for the appellant's costs of the appeal or the District Registrar's notice of motion because the appeal succeeded only on a point not advanced by the appellant, while the contentions he did advance were rejected. APRA could not properly be ordered to pay the appellant's costs because it took no part in the proceedings leading to the imprisonment order or the appeal against that order, and the appellant was not entitled to costs against the District Registrar. Because the appellant's further costs submissions caused APRA and the District Registrar to incur further costs, the appellant should pay those costs.

Court Disposition

No order as to costs of the appeal or the District Registrar's notice of motion; appellant ordered to pay APRA's and the District Registrar's costs of the further proceedings on costs.

Orders

  • ["There be no order as to the costs of the appeal, or of the costs of and incidental to the hearing and determination of the District Registrar's notice of motion dated 15 December 2006." 'The appellant pay the costs of both APRA and the District Registrar, being the costs of and incidental to so much of the further...