Green v Bradbury (No 2) [2011] FCA 469

Green v Bradbury (No 2) [2011] FCA 469

No grounds were established for an order that the Commonwealth pay any party's costs under s 360(4) of the Commonwealth Electoral Act 1918 (Cth), as the petitions were withdrawn or dismissed, provided no public benefit, and failed to satisfy mandatory statutory requirements. Petitioners were ordered to pay the costs of the successful respondents on the usual basis and no special order for indemnity costs was warranted given the circumstances.

Jurisdiction
Australia
Judgment Date
13 April 2011
Procedural Posture
Electoral Petition / Costs Determination After Dismissal/withdrawal of Petitions
Outcome
Petitioners ordered to pay the costs of the successful respondents, with special terms for costs in the Senate petition; no order for Commonwealth to pay any costs.
Legal Topics
['costs' 'electoral Petitions' 'withdrawal of Proceedings']
['election Law' 'civil Procedure'] ['costs' 'electoral Petitions' 'withdrawal of Proceedings']

Case Brief

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Procedural Posture

Electoral Petition / Costs Determination After Dismissal/withdrawal of Petitions

Legal Issues

  1. 1 ['Whether the petitioners should be ordered to pay the costs of the respondents after their electoral petitions were withdrawn or dismissed' 'Whether a special order for costs should be made, particularly an order that the Commonwealth pay costs under s 360(4) of the Commonwealth Electoral Act 1918 (Cth)' 'Whether indemnity or solicitor/client costs should be ordered against the petitioners']

Ratio Decidendi

No grounds were established for an order that the Commonwealth pay any party's costs under s 360(4) of the Commonwealth Electoral Act 1918 (Cth), as the petitions were withdrawn or dismissed, provided no public benefit, and failed to satisfy mandatory statutory requirements. Petitioners were ordered to pay the costs of the successful respondents on the usual basis and no special order for indemnity costs was warranted given the circumstances.

Court Disposition

Petitioners ordered to pay the costs of the successful respondents, with special terms for costs in the Senate petition; no order for Commonwealth to pay any costs.

Orders

  • ['In NSD 1665/2010: Petitioner to pay costs of first and third respondents.' 'In NSD 1667/2010: Petitioner to pay costs of the first respondent on all reasonable costs reasonably incurred; petitioner to pay costs of the other respondents on usual party/party basis.' 'In NSD 1668/2010: Petitioner to pay costs of...