Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) [2009] FCA 81

Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) [2009] FCA 81

Where a successful applicant has demonstrated delay in bringing the application without adequate explanation, yet succeeds in setting aside the costs order due to invalid service, the appropriate costs order is to allow only a proportion of costs, here set at 50%.

Parties
Applicant: Australian Communications and Media Authority; First Respondent: Clarity1 Pty Ltd (ABN 60 106 529 604); Second Respondent: Wayne Robert Mansfield
Jurisdiction
Australia
Judgment Date
12 February 2009
Procedural Posture
Application to Set Aside Costs Order / Costs Judgment Following Motion to Set Aside Costs Order
Outcome
Partially in favour of respondent (Mr Mansfield) on costs; ACMA to pay 50% of his costs of the application.
Legal Topics
Costs, Service of Documents, Delay
Civil Procedure Costs Service of Documents Delay

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Parties

Australian Communications and Media Authority

Applicant

Clarity1 Pty Ltd (ABN 60 106 529 604)

First Respondent

Wayne Robert Mansfield

Second Respondent

Procedural Posture

Application to Set Aside Costs Order / Costs Judgment Following Motion to Set Aside Costs Order

Legal Issues

  1. 1 Whether the application to set aside the costs order should succeed given delay and alleged invalid service
  2. 2 Whether the successful applicant (Mr Mansfield) should be awarded costs despite substantial delay

Ratio Decidendi

Where a successful applicant has demonstrated delay in bringing the application without adequate explanation, yet succeeds in setting aside the costs order due to invalid service, the appropriate costs order is to allow only a proportion of costs, here set at 50%.

Court Disposition

Partially in favour of respondent (Mr Mansfield) on costs; ACMA to pay 50% of his costs of the application.

Orders

  • The applicant do pay 50% of the second respondent's costs of the application.