Wiltshire, Tony v Turnball, Malcolm & Ors [1998] FCA 111

Wiltshire, Tony v Turnball, Malcolm & Ors [1998] FCA 111

Given the petitioner's limited means, the absence of wrongdoing by the successful respondents, the public interest nature of the proceedings, and existing High Court authority, it was fair and just that the Commonwealth pay the costs of the first and second respondents.

Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Petition Under the Constitutional Convention (election) Act 1997 (cth) / Application for Costs Following Dismissal of Petition
Outcome
Costs ordered against the Commonwealth in favour of the first and second respondents; parties otherwise to bear their own costs.
Legal Topics
['costs Orders in Election Petitions' 'court Discretion on Costs' 'public Interest Litigation' 'effect of Limited Means of Litigants']
['electoral Law' 'constitutional Law' 'costs'] ['costs Orders in Election Petitions' 'court Discretion on Costs' 'public Interest Litigation' 'effect of Limited Means of Litigants']

Case Brief

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Procedural Posture

Petition Under the Constitutional Convention (election) Act 1997 (cth) / Application for Costs Following Dismissal of Petition

Legal Issues

  1. 1 ['Whether the Commonwealth should pay the costs of the first and second respondents after the dismissal of an election petition against them' 'Whether costs should instead be ordered against the petitioner of limited means']

Ratio Decidendi

Given the petitioner's limited means, the absence of wrongdoing by the successful respondents, the public interest nature of the proceedings, and existing High Court authority, it was fair and just that the Commonwealth pay the costs of the first and second respondents.

Court Disposition

Costs ordered against the Commonwealth in favour of the first and second respondents; parties otherwise to bear their own costs.

Orders

  • ['The fourth respondent (Commonwealth of Australia) pay the costs of the first and second respondents.' 'The petitioner, and the third and fourth respondents, abide their own costs.']