Our Town FM Pty Ltd v Australian Broadcasting Tribunal & Anor [1987] FCA 675

Our Town FM Pty Ltd v Australian Broadcasting Tribunal & Anor [1987] FCA 675

In the first pair of proceedings, the applicants obtained the relief setting aside the Tribunal's licence decision, and Newcastle FM Pty Limited had actively and unsuccessfully resisted that relief. However, because the applicants failed on several grounds which prolonged the hearing and because the existence of separate applicants created a risk of duplicated costs, the appropriate order was that Newcastle FM pay only one half of each applicant's costs. In the second pair of proceedings, although the applicants obtained some relief, it fell short of what they sought; the Tribunal should not normally be ordered to pay costs given its limited role; and Newcastle FM did not defend the...

Jurisdiction
Australia
Judgment Date
03 November 1987
Procedural Posture
Administrative Law Judicial Review Proceedings Concerning an FM Commercial Radio Licence and Costs / Applications and Notices of Motion Concerning Costs After Orders Setting Aside the Tribunal's Licence Decision and After Subsequent Related Applications
Outcome
Orders varied in NSW G.183 of 1987 and NSW G.206 of 1987 so that the second respondent pays one half of each applicant's costs; no order for costs in NSW G.471 of 1987 and NSW G.492 of 1987.
Legal Topics
['judicial Review of Australian Broadcasting Tribunal Decisions' 'fm Commercial Radio Licence' 'costs Discretion' 'role of Tribunal in Judicial Review Proceedings' 'unsuccessful Grounds and Reduced Costs' 'separate Representation of Multiple Applicants']
['administrative Law' 'broadcasting' 'costs'] ['judicial Review of Australian Broadcasting Tribunal Decisions' 'fm Commercial Radio Licence' 'costs Discretion' 'role of Tribunal in Judicial Review Proceedings' 'unsuccessful Grounds and Reduced Costs' 'separate Representation of Multiple Applicants']

Case Brief

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Procedural Posture

Administrative Law Judicial Review Proceedings Concerning an FM Commercial Radio Licence and Costs / Applications and Notices of Motion Concerning Costs After Orders Setting Aside the Tribunal's Licence Decision and After Subsequent Related Applications

Legal Issues

  1. 1 ['Whether the costs order made on 4 September 1987 in proceedings NSW G.183 of 1987 and NSW G.206 of 1987 should be vacated or varied.' "Whether Newcastle FM Pty Limited should pay the applicants' costs of the first pair of judicial review proceedings in full, in part, or not at all." 'Whether any costs order should be made in proceedings NSW G.471 of 1987 and NSW G.492 of 1987.' "How the Australian Broadcasting Tribunal's limited role in judicial review proceedings should affect the exercise of the costs discretion."]

Ratio Decidendi

In the first pair of proceedings, the applicants obtained the relief setting aside the Tribunal's licence decision, and Newcastle FM Pty Limited had actively and unsuccessfully resisted that relief. However, because the applicants failed on several grounds which prolonged the hearing and because the existence of separate applicants created a risk of duplicated costs, the appropriate order was that Newcastle FM pay only one half of each applicant's costs. In the second pair of proceedings, although the applicants obtained some relief, it fell short of what they sought; the Tribunal should not normally be ordered to pay costs given its limited role; and Newcastle FM did not defend the...

Court Disposition

Orders varied in NSW G.183 of 1987 and NSW G.206 of 1987 so that the second respondent pays one half of each applicant's costs; no order for costs in NSW G.471 of 1987 and NSW G.492 of 1987.

Orders

  • ['In NSW G.183 of 1987, order 3 made on 4 September 1987 be vacated and in lieu thereof the second respondent pay to the applicant one half of its costs of this proceeding.' 'In NSW G.206 of 1987, order 3 made on 4 September 1987 be vacated and in lieu thereof the second respondent pay to the applicant one half of...