Lanwren Pty Ltd v Collector of Customs [1988] FCA 444

Lanwren Pty Ltd v Collector of Customs [1988] FCA 444

Although leave to discontinue was unopposed and was granted, the respondent's blanket public interest immunity procedure imposed unnecessary difficulty on the applicants' counsel and probably delayed instructions to discontinue. The fair and just costs order was therefore that the applicants pay the respondent's costs, but not including the costs of today.

Jurisdiction
Australia
Judgment Date
26 July 1988
Procedural Posture
Applications for Leave to Discontinue Federal Court Proceedings / Ex Tempore Reasons During Hearing on Leave to Discontinue and Costs
Outcome
Leave granted in each matter to discontinue; applicants ordered to pay the respondent's costs of each application, excluding the costs of today.
Legal Topics
['discontinuance' 'costs' 'public Interest Immunity' 'affidavit Evidence' 'disclosure']
['civil Procedure' 'administrative Law'] ['discontinuance' 'costs' 'public Interest Immunity' 'affidavit Evidence' 'disclosure']

Case Brief

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Procedural Posture

Applications for Leave to Discontinue Federal Court Proceedings / Ex Tempore Reasons During Hearing on Leave to Discontinue and Costs

Legal Issues

  1. 1 ['Whether leave should be granted to discontinue the proceedings.' 'What costs order should be made on discontinuance.' "Whether the respondent's procedure for claiming public interest immunity over affidavit material caused unnecessary difficulty to the applicants."]

Ratio Decidendi

Although leave to discontinue was unopposed and was granted, the respondent's blanket public interest immunity procedure imposed unnecessary difficulty on the applicants' counsel and probably delayed instructions to discontinue. The fair and just costs order was therefore that the applicants pay the respondent's costs, but not including the costs of today.

Court Disposition

Leave granted in each matter to discontinue; applicants ordered to pay the respondent's costs of each application, excluding the costs of today.

Orders

  • ['Leave granted, in each matter, to the applicants to discontinue.' "The applicants are to pay the respondent's costs of each application, but not including the costs of today." 'Exhibits may be returned.' "The copy filed in Court and the copy delivered to Mr Cashion of the affidavit containing the immune material...