Armstrong v Australian Community Pharmacy Authority [2012] FCA 577

Armstrong v Australian Community Pharmacy Authority [2012] FCA 577

The default rule under r 26.12(7) Federal Court Rules 2011 (Cth) applies; the applicant is liable for the respondents' costs because the proceedings' outcome was foredoomed, and no circumstances justified departure from the default rule, except for third respondents, where only 40% of their costs are awarded.

Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Judicial Review / Post Discontinuance, Determination of Costs
Outcome
Applicant required to pay respondents' costs; orders made specifying liabilities for costs.
Legal Topics
['costs on Discontinuance' 'preliminary Discovery' 'procedure for Pharmacy Approval']
['administrative Law' 'civil Procedure'] ['costs on Discontinuance' 'preliminary Discovery' 'procedure for Pharmacy Approval']

Case Brief

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Procedural Posture

Judicial Review / Post Discontinuance, Determination of Costs

Legal Issues

  1. 1 ['Whether the applicant should pay costs after discontinuing proceedings' 'Whether the default position under r 26.12(7) Federal Court Rules 2011 (Cth) applies or should be displaced' 'Extent of costs owed to third respondents']

Ratio Decidendi

The default rule under r 26.12(7) Federal Court Rules 2011 (Cth) applies; the applicant is liable for the respondents' costs because the proceedings' outcome was foredoomed, and no circumstances justified departure from the default rule, except for third respondents, where only 40% of their costs are awarded.

Court Disposition

Applicant required to pay respondents' costs; orders made specifying liabilities for costs.

Orders

  • ["The applicant pay the second respondent's costs of the proceedings." 'The applicant pay the costs of the Court appointed expert.' "The applicant pay 40% of the third respondents' costs." "The applicant pay the first respondent's costs of 14 and 15 December 2011."]