Johnson v Honourable Darryl Williams [2000] FCA 195

Johnson v Honourable Darryl Williams [2000] FCA 195

The Court held that remitting the costs question to the trial judge would only add expense. Although apportionment of costs is not usual, the appellant should not have the costs of the abandoned ground and should bear the respondents' costs thrown away. A rough and ready fair distribution was that the appellant recover 75 per cent of the costs of the hearing below from the Attorney-General.

Jurisdiction
Australia
Judgment Date
03 March 2000
Procedural Posture
Appeal From a Single Justice of the Federal Court / Costs of the Hearing Below After the Appeal Was Allowed
Outcome
The costs of the hearing below were ordered to be taxed, with 75 per cent of those costs to be paid by the Attorney-General.
Legal Topics
['certiorari' 'extradition Request' 'section 42 of the Extradition Act 1988 (cth)' 'apportionment of Costs' 'abandoned Ground of Review']
['administrative Law' 'extradition' 'costs'] ['certiorari' 'extradition Request' 'section 42 of the Extradition Act 1988 (cth)' 'apportionment of Costs' 'abandoned Ground of Review']

Case Brief

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Procedural Posture

Appeal From a Single Justice of the Federal Court / Costs of the Hearing Below After the Appeal Was Allowed

Legal Issues

  1. 1 ['Whether the question of costs of the hearing below should be remitted to the trial judge.' 'Whether the appellant should recover costs relating to an abandoned ground based on s 42 of the Extradition Act 1988 (Cth).' 'What costs order should be made for the hearing below.']

Ratio Decidendi

The Court held that remitting the costs question to the trial judge would only add expense. Although apportionment of costs is not usual, the appellant should not have the costs of the abandoned ground and should bear the respondents' costs thrown away. A rough and ready fair distribution was that the appellant recover 75 per cent of the costs of the hearing below from the Attorney-General.

Court Disposition

The costs of the hearing below were ordered to be taxed, with 75 per cent of those costs to be paid by the Attorney-General.

Orders

  • ['The costs of the hearing below be taxed and when taxed 75 per cent of those costs be paid by the Attorney-General.']