Shaw, Edwina & Anor v Wolf, Charles & Ors [1998] FCA 561

Shaw, Edwina & Anor v Wolf, Charles & Ors [1998] FCA 561

Given the absence of personal fault, the existence of significant public interest, and the clarification of important legal questions, it is fair and just on balance to order the Commonwealth to pay the taxed costs of the successful respondents and one half of the taxed costs of the petitioners.

Jurisdiction
Australia
Judgment Date
28 May 1998
Procedural Posture
Election Petition / Costs Determination After Judgment
Outcome
Orders made as to costs in favour of successful respondents and partial costs to petitioners, to be paid by the Commonwealth. Australian Electoral Commission to bear its own costs.
Legal Topics
['costs Orders' 'election Petitions' 'aboriginal and Torres Strait Islander Commission' 'eligibility of Candidates' 'public Interest Litigation']
['administrative Law' 'election Law'] ['costs Orders' 'election Petitions' 'aboriginal and Torres Strait Islander Commission' 'eligibility of Candidates' 'public Interest Litigation']

Case Brief

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Procedural Posture

Election Petition / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether the Commonwealth should be ordered to pay costs arising from an Aboriginal and Torres Strait Islander Regional Council election petition' 'Appropriate allocation of costs among petitioners, respondents, and the Commonwealth']

Ratio Decidendi

Given the absence of personal fault, the existence of significant public interest, and the clarification of important legal questions, it is fair and just on balance to order the Commonwealth to pay the taxed costs of the successful respondents and one half of the taxed costs of the petitioners.

Court Disposition

Orders made as to costs in favour of successful respondents and partial costs to petitioners, to be paid by the Commonwealth. Australian Electoral Commission to bear its own costs.

Orders

  • ['The Regional Returning Officer undertake further counting or re-counting of the ballot papers cast in the Hobart Ward in accordance with specified rules and modifications.' "Liberty reserved to each party to apply to the Court on seven days' notice." 'The Commonwealth pay the taxed costs of and incidental to the...