Seeter Pty Ltd v The Commonwealth of Australia [2004] FCA 1305

Seeter Pty Ltd v The Commonwealth of Australia [2004] FCA 1305

Special circumstances existed in proceeding Q 169 of 2003, including a public interest component, justifying a departure from the ordinary costs rule; however, in proceeding Q 173 of 2003, the usual rule applied as the case was speculative and unsupported by evidence. Certain reserved and directions hearing costs in both matters were ordered with no order as to costs, but generally applicants to pay two-thirds of respondents' costs.

Jurisdiction
Australia
Judgment Date
12 October 2004
Procedural Posture
Judicial Review / Costs Determination After Judgment
Outcome
Partially departed from the ordinary costs rule; applicants to pay two-thirds of respondents' costs generally, but no order as to costs for some reserved and directions hearing costs.
Legal Topics
['judicial Review' 'costs Discretion' 'public Interest Litigation']
['administrative Law' 'costs'] ['judicial Review' 'costs Discretion' 'public Interest Litigation']

Case Brief

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Procedural Posture

Judicial Review / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether there are special circumstances to justify a departure from the usual order that costs follow the event in public interest litigation' 'Whether no order as to costs should be made for some interlocutory hearings and directions']

Ratio Decidendi

Special circumstances existed in proceeding Q 169 of 2003, including a public interest component, justifying a departure from the ordinary costs rule; however, in proceeding Q 173 of 2003, the usual rule applied as the case was speculative and unsupported by evidence. Certain reserved and directions hearing costs in both matters were ordered with no order as to costs, but generally applicants to pay two-thirds of respondents' costs.

Court Disposition

Partially departed from the ordinary costs rule; applicants to pay two-thirds of respondents' costs generally, but no order as to costs for some reserved and directions hearing costs.

Orders

  • ['No order as to costs for costs reserved on 4 November 2003 in Q 169 of 2003.' 'No order as to costs for directions hearings on 7 November 2003, and 21 November 2003 in Q 169 of 2003 and Q 173 of 2003.' 'Applicants to pay two-thirds of the costs of the respondents in Q 169 of 2003 and Q 173 of 2003, costs taxed if...