Gribbles Pathology (Vic) Pty Ltd v Cassidy (No 2) [2002] FCA 960

Gribbles Pathology (Vic) Pty Ltd v Cassidy (No 2) [2002] FCA 960

Although the applicant achieved a substantial measure of success and at least one primary aim, it failed on a number of grounds and caused the second respondent considerable additional expense; justice was best served by ordering the second respondent to pay fifty per cent of the applicant's costs, including reserved costs, taxed in default of agreement.

Jurisdiction
Australia
Judgment Date
05 August 2002
Procedural Posture
Costs and Final Orders Following Judgment in Federal Court Proceeding / Final Orders After Provisional Orders
Outcome
The Court made final orders modifying the provisional orders and ordered the second respondent to pay fifty per cent of the applicant's costs.
Legal Topics
['medicare Participation Review Committee' 'adequacy of Particulars in Notice' 'apportionment of Costs' 'federal Court Costs Discretion']
['administrative Law' 'costs'] ['medicare Participation Review Committee' 'adequacy of Particulars in Notice' 'apportionment of Costs' 'federal Court Costs Discretion']

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Procedural Posture

Costs and Final Orders Following Judgment in Federal Court Proceeding / Final Orders After Provisional Orders

Legal Issues

  1. 1 ['Whether the provisional orders should be modified to refer to paragraph 19 of the undertaking insofar as it depended on alleged breaches of paragraphs 15 and 16.' 'Whether the word "purported" should be deleted from the order restraining the first respondent from further hearing and determining part of the referred matter.' "Whether costs should follow the applicant's partial success or be apportioned because the applicant failed on most grounds relied upon."]

Ratio Decidendi

Although the applicant achieved a substantial measure of success and at least one primary aim, it failed on a number of grounds and caused the second respondent considerable additional expense; justice was best served by ordering the second respondent to pay fifty per cent of the applicant's costs, including reserved costs, taxed in default of agreement.

Court Disposition

The Court made final orders modifying the provisional orders and ordered the second respondent to pay fifty per cent of the applicant's costs.

Orders

  • ['The first respondent, whether by itself, its members, officers, employees, or agents, or howsoever otherwise, be restrained from further hearing and determining the matter referred to it by the second respondent pursuant to a notice given by the second respondent under s 23DL(4)(c) of the Health Insurance Act 1973...