Onus v Registrar of Aboriginal and Torres Strait Islander Corporations (No 2) [2017] FCA 922

Onus v Registrar of Aboriginal and Torres Strait Islander Corporations (No 2) [2017] FCA 922

The applicants are entitled to their costs of the proceeding because the first respondent's conduct did not displace the ordinary rule. The applicants' response to the offer and the further undertakings obtained at hearing justified applying the standard approach to costs.

Parties
First Applicant: Sandra Onus; Second Applicant: Christine Cooktown; First Respondent: Registrar of Aboriginal and Torres Strait Islander Corporations; Second Respondent: Paul Case
Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Administrative Law Costs Application / Post Judgment Costs Determination
Outcome
First respondent to pay applicants' costs, taxed in default of agreement.
Legal Topics
Costs, Special Administration, Judicial Review, Offers of Compromise, Appointment of Special Administrator
Administrative Law Corporations Law Costs Special Administration Judicial Review Offers of Compromise Appointment of Special Administrator

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Sandra Onus

First Applicant

Christine Cooktown

Second Applicant

Registrar of Aboriginal and Torres Strait Islander Corporations

First Respondent

Paul Case

Second Respondent

Procedural Posture

Administrative Law Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether applicants are entitled to all or part of their costs after the decision was set aside
  2. 2 Whether first respondent's offer amounted to a settlement justifying a departure from the ordinary rule on costs

Ratio Decidendi

The applicants are entitled to their costs of the proceeding because the first respondent's conduct did not displace the ordinary rule. The applicants' response to the offer and the further undertakings obtained at hearing justified applying the standard approach to costs.

Court Disposition

First respondent to pay applicants' costs, taxed in default of agreement.

Orders

  • The first respondent pay the applicants' costs of the proceeding, to be taxed in default of agreement.