Vanniasinghe, Anton Hillary v The President, Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1263

Vanniasinghe, Anton Hillary v The President, Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1263

There was no basis to stay the costs order or suspend the dismissal order, as neither applicant's inability to pay nor the existence of an appeal justified depriving the successful respondent of costs.

Jurisdiction
Australia
Judgment Date
22 September 1998
Procedural Posture
Application for Suspension of Order / Motion Dismissed
Outcome
motion dismissed
Legal Topics
['extension of Time' 'judicial Review' 'stay of Costs Order']
['administrative Law' 'anti Discrimination Law'] ['extension of Time' 'judicial Review' 'stay of Costs Order']

Case Brief

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Procedural Posture

Application for Suspension of Order / Motion Dismissed

Legal Issues

  1. 1 ['Whether to suspend operation of an order refusing extension of time under the Administrative Decisions (Judicial Review) Act and costs order' 'Whether grounds exist to stay costs order']

Ratio Decidendi

There was no basis to stay the costs order or suspend the dismissal order, as neither applicant's inability to pay nor the existence of an appeal justified depriving the successful respondent of costs.

Court Disposition

motion dismissed

Orders

  • ['The motion is dismissed.' "The applicant is to pay the second respondent's costs of the motion."]