Palmer Leisure Coolum Pty Ltd v Takeovers Panel [2016] FCA 1445

Palmer Leisure Coolum Pty Ltd v Takeovers Panel [2016] FCA 1445

Orders for costs were made largely in favour of the successful parties (Panel, ASIC, President's Club), as the applicants/defendants failed in their principal claims; any departure from the principle that costs follow the event was not warranted on the facts, but in the case of The President's Club (as an added party), only 50% of its costs were awarded to avoid unfairly burdening the applicants with multiple sets of costs in a public law litigation context.

Jurisdiction
Australia
Judgment Date
30 November 2016
Procedural Posture
Judicial Review and Statutory Extension Application / Costs Determination Following Judgment
Outcome
Costs orders granted, generally in respondents' favour, with partial (50%) costs for some parties.
Legal Topics
['judicial Review Under ADJR Act' 'takeovers Panel Powers' 'extension of Time Under Corporations Act' 'costs Orders in Federal Court' 'role of Tribunal as Party to Litigation']
['corporations Law' 'administrative Law'] ['judicial Review Under ADJR Act' 'takeovers Panel Powers' 'extension of Time Under Corporations Act' 'costs Orders in Federal Court' 'role of Tribunal as Party to Litigation']

Case Brief

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Procedural Posture

Judicial Review and Statutory Extension Application / Costs Determination Following Judgment

Legal Issues

  1. 1 ["Whether the Takeovers Panel and other respondents should be awarded costs against the applicants/defendants following dismissal of the applicants' claims and granting of the Panel's extension application" "Whether the Panel's conduct went beyond its proper role as a decision-maker/respondent so as to disentitle it to costs" "Appropriate measure of costs (full/partial) to be awarded to each party involved, including ASIC and The President's Club"]

Ratio Decidendi

Orders for costs were made largely in favour of the successful parties (Panel, ASIC, President's Club), as the applicants/defendants failed in their principal claims; any departure from the principle that costs follow the event was not warranted on the facts, but in the case of The President's Club (as an added party), only 50% of its costs were awarded to avoid unfairly burdening the applicants with multiple sets of costs in a public law litigation context.

Court Disposition

Costs orders granted, generally in respondents' favour, with partial (50%) costs for some parties.

Orders

  • ['The costs of and incidental to the proceeding of the first respondent (Takeovers Panel) be paid by the first to fifth applicants.' 'The costs of the fourth respondent (ASIC) of and incidental to the proceeding be paid by the first to fifth applicants.' "The first to fifth applicants pay 50% of the costs of the...