Donnelly v Maxwell-Smith

REASONS FOR JUDGMENT THE COURT: 1 The Court made orders and delivered its reasons on 16 December 2010: Donnelly v Maxwell-Smith [2010] FCAFC 154. Order 3 was in the following terms: "3. The applicant pay the respondents' costs of the appeal and application for leave to appeal including, by consent, their costs of travelling to and attending at the hearing in Sydney." 2 On 4 January 2011 the solicitors for Mr Donnelly wrote to the Registrar drawing attention to an error in that order attributing his consent to the payment of Mr and Mrs Maxwell-Smith's costs of travelling to and attending the hearing in Sydney. They pointed out that during the hearing senior counsel had said, as recorded in [38] of our reasons, that Mr Donnelly did not oppose the making of such an order. 3 The orders have not yet been entered. It is appropriate to order that Order 3 be amended to reflect the intention of the Court pursuant to O 35 r 7(2)(e) and (3) of the Federal Court Rules so that it reads: "The applicant pay the respondents' costs of the appeal and application for leave to appeal including, there being no opposition by the applicant, their costs of travelling to and attending at the hearing in Sydney." I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Bennett, Rares and McKerracher.