Phong v Attorney-General for the Commonwealth [2001] FCA 1554

There is no reason to depart from the usual rule that costs follow the event; rules applicable to criminal trials do not extend to these proceedings merely due to their relation to criminal matters.

Jurisdiction: Australia
Judgment Date: 07 November 2001
Procedural Posture: Appeal / Costs Decision Following Appeal
Outcome: Appeal dismissed on the question of costs; costs awarded against appellant.
Legal Topics: ['costs' 'costs Following the Event']

['civil Procedure'] ['costs' 'costs Following the Event']

Case Brief

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Procedural Posture

Appeal / Costs Decision Following Appeal

Legal Issues

1 ['Whether costs should follow the event in circumstances related to criminal proceedings']

Ratio Decidendi

There is no reason to depart from the usual rule that costs follow the event; rules applicable to criminal trials do not extend to these proceedings merely due to their relation to criminal matters.

Court Disposition

Appeal dismissed on the question of costs; costs awarded against appellant.

Orders

["The appellant pay the respondents' costs of the appeal." 'No disturbance of the order of Marshall J at first instance.']