Koroitamana v Commonwealth of Australia [2005] FCAFC 98

Koroitamana v Commonwealth of Australia [2005] FCAFC 98

Given the procedure adopted and the important questions raised, the appropriate costs order was that the parties bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J, notwithstanding the respondents' success in the case stated.

Jurisdiction
Australia
Judgment Date
27 May 2005
Procedural Posture
A Case Stated by a Single Judge of the Federal Court of Australia / Costs Determination After Orders Substantially Disposing of the Case Stated
Outcome
The parties are to bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J.
Legal Topics
['case Stated' 'costs of the Case Stated' 'own Costs Order']
['federal Court Procedure' 'costs'] ['case Stated' 'costs of the Case Stated' 'own Costs Order']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

A Case Stated by a Single Judge of the Federal Court of Australia / Costs Determination After Orders Substantially Disposing of the Case Stated

Legal Issues

  1. 1 ['Whether the parties should bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J.']

Ratio Decidendi

Given the procedure adopted and the important questions raised, the appropriate costs order was that the parties bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J, notwithstanding the respondents' success in the case stated.

Court Disposition

The parties are to bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J.

Orders

  • ['The parties bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J.']