Russo v Private Funds Management Pty Ltd

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.