Nine Network Australia Pty Ltd v Civil Aviation Safety Authority (No 2) [2021] FCA 1337

Nine Network Australia Pty Ltd v Civil Aviation Safety Authority (No 2) [2021] FCA 1337

Where parties agree to dismissal of proceedings before substantive determination and in the absence of a clear victory, surrender, or capitulation, and particularly where interlocutory relief was granted ex parte or on very limited argument, the usual rule of no order as to costs applies.

Parties
First Applicant: Nine Network Australia Pty Ltd; Second Applicant: Seven Network (Operations) Limited; Third Applicant: Australian Broadcasting Corporation; Respondent: Civil Aviation Safety Authority
Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Judicial Review Application Regarding an Administrative Decision / Post Interlocutory, Costs Determination Upon Dismissal by Consent
Outcome
Application dismissed by consent, no order as to costs
Legal Topics
Costs, Judicial Review, Restricted Airspace, Interlocutory Relief
Administrative Law Costs Judicial Review Restricted Airspace Interlocutory Relief

Case Brief

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Parties

Nine Network Australia Pty Ltd

First Applicant

Seven Network (Operations) Limited

Second Applicant

Australian Broadcasting Corporation

Third Applicant

Civil Aviation Safety Authority

Respondent

Procedural Posture

Judicial Review Application Regarding an Administrative Decision / Post Interlocutory, Costs Determination Upon Dismissal by Consent

Legal Issues

  1. 1 Whether costs should be awarded to the applicants following interlocutory relief and subsequent dismissal of the proceeding by consent without a decision on the merits
  2. 2 Whether the respondent surrendered or capitulated justifying a costs order
  3. 3 Whether the usual rule of no order as to costs should be departed from in the circumstances

Ratio Decidendi

Where parties agree to dismissal of proceedings before substantive determination and in the absence of a clear victory, surrender, or capitulation, and particularly where interlocutory relief was granted ex parte or on very limited argument, the usual rule of no order as to costs applies.

Court Disposition

Application dismissed by consent, no order as to costs

Orders

  • The orders of the Court made in this proceeding on 23 September 2021 be vacated.
  • The proceeding be dismissed.