Purvis v Dairy Adjustment Authority (No 2) [2006] FCAFC 38

Purvis v Dairy Adjustment Authority (No 2) [2006] FCAFC 38

The cost of unnecessarily extensive appeal papers should be shared equally between applicants and respondent due to both parties' failure to cooperate in limiting the papers; the respondent is not entitled to costs of and incidental to its notice of contention, and no departure from the ordinary rule is warranted regarding the statement of facts and contentions.

Jurisdiction
Australia
Judgment Date
22 March 2006
Procedural Posture
Statutory Appeal / Costs Determination Following Dismissal of Substantive Application
Outcome
costs orders made following dismissal of substantive appeal
Legal Topics
['costs' 'appeal Papers' 'cooperation in Appeal Preparation']
['administrative Law' 'civil Procedure'] ['costs' 'appeal Papers' 'cooperation in Appeal Preparation']

Case Brief

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Procedural Posture

Statutory Appeal / Costs Determination Following Dismissal of Substantive Application

Legal Issues

  1. 1 ['Responsibility for costs of preparation of unnecessarily extensive appeal papers' 'Entitlement to costs arising from notice of contention' 'Whether excessive statement of facts and contentions warrants departure from ordinary costs rule']

Ratio Decidendi

The cost of unnecessarily extensive appeal papers should be shared equally between applicants and respondent due to both parties' failure to cooperate in limiting the papers; the respondent is not entitled to costs of and incidental to its notice of contention, and no departure from the ordinary rule is warranted regarding the statement of facts and contentions.

Court Disposition

costs orders made following dismissal of substantive appeal

Orders

  • ['The respondent pay to the applicants 50 per cent of the costs of the preparation of the appeal papers.' "Subject to order 1, the applicants pay the respondent's costs of the application other than the respondent's costs of and incidental to its notice of contention." 'The costs ordered to be paid by order 1 be set...