UCX Ltd v Australian Communications and Media Authority [2019] FCA 1345

UCX Ltd v Australian Communications and Media Authority [2019] FCA 1345

Even if leave to discontinue was required, leave should be granted because the related Tribunal proceedings had settled and the Federal Court proceedings were resolved. The applicants should not be liable for the costs of the second and third respondents because good reason was shown: those respondents had notice of the proceedings through service and contact attempts but had not participated.

Jurisdiction
Australia
Judgment Date
21 August 2019
Procedural Posture
Federal Court Proceedings Concerning a Decision of the Australian Communications and Media Authority to Transfer an Apparatus Licence / Application for Leave to File a Notice of Discontinuance and Determination of Costs Consequences
Outcome
Leave to file a notice of discontinuance granted to the extent necessary; applicants not liable for the costs of the second and third respondents.
Legal Topics
['discontinuance' 'costs' 'federal Court Rules 2011 (cth) R 26.12' 'apparatus Licence Transfer']
['practice and Procedure' 'administrative Law'] ['discontinuance' 'costs' 'federal Court Rules 2011 (cth) R 26.12' 'apparatus Licence Transfer']

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Procedural Posture

Federal Court Proceedings Concerning a Decision of the Australian Communications and Media Authority to Transfer an Apparatus Licence / Application for Leave to File a Notice of Discontinuance and Determination of Costs Consequences

Legal Issues

  1. 1 ['Whether leave was necessary for the applicants to file a notice of discontinuance.' 'Whether the applicants should be liable for the costs of the second and third respondents after discontinuance.']

Ratio Decidendi

Even if leave to discontinue was required, leave should be granted because the related Tribunal proceedings had settled and the Federal Court proceedings were resolved. The applicants should not be liable for the costs of the second and third respondents because good reason was shown: those respondents had notice of the proceedings through service and contact attempts but had not participated.

Court Disposition

Leave to file a notice of discontinuance granted to the extent necessary; applicants not liable for the costs of the second and third respondents.

Orders

  • ['To the extent necessary, the applicants have leave to file a notice of discontinuance.' 'The applicants not be liable to pay the costs of the second and third respondents.']