Lo v Australian Community Pharmacy Authority [2013] FCA 639

Lo v Australian Community Pharmacy Authority [2013] FCA 639

Stone and Banh (third and fourth respondents) should pay the applicants' costs from 24 April 2013 to 17 May 2013, because after terminating their agreements and failing to inform other parties, their conduct was unreasonable and unnecessarily caused further costs. Otherwise, no order as to costs as all parties acted reasonably. Commonwealth to pay applicants' costs of interlocutory application filed 21 May 2013. No indemnity costs.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Application for Judicial Review / Application Discontinued by Leave; Costs Determination
Outcome
Application for judicial review discontinued by leave; costs orders as specified.
Legal Topics
['costs' 'judicial Review' 'discontinuance of Proceedings']
['administrative Law' 'civil Procedure'] ['costs' 'judicial Review' 'discontinuance of Proceedings']

Case Brief

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Procedural Posture

Application for Judicial Review / Application Discontinued by Leave; Costs Determination

Legal Issues

  1. 1 ['Whether applicants or respondents should pay costs after discontinuance of application due to supervening event' "Whether parties' conduct was reasonable up to and after the supervening event"]

Ratio Decidendi

Stone and Banh (third and fourth respondents) should pay the applicants' costs from 24 April 2013 to 17 May 2013, because after terminating their agreements and failing to inform other parties, their conduct was unreasonable and unnecessarily caused further costs. Otherwise, no order as to costs as all parties acted reasonably. Commonwealth to pay applicants' costs of interlocutory application filed 21 May 2013. No indemnity costs.

Court Disposition

Application for judicial review discontinued by leave; costs orders as specified.

Orders

  • ['Leave granted to applicants to file notice of discontinuance within seven days.' "Third and fourth respondents to pay applicants' costs from 24 April 2013 until 17 May 2013." 'Interlocutory application filed by first and second respondents on 21 May 2013 dismissed with costs (to be paid by the Commonwealth).'...