Whittaker v Child Support Registrar [2000] FCA 1899

Whittaker v Child Support Registrar [2000] FCA 1899

The applicant's reliance on a constitutional argument of public interest did not outweigh the fact that the litigation was primarily for his own personal financial benefit. In the absence of special circumstances, and with the Registrar wholly successful, costs should follow the event.

Parties
Applicant: Mark Alan Whittaker; First Respondent: Child Support Registrar; Second Respondent: Donna Rennie Whittaker
Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Application for Prerogative Writs / Post Judgment (reasons and Orders on Costs)
Outcome
Costs ordered against applicant (except those incurred after 30 November 2000)
Legal Topics
Costs, Prerogative Writs, Judicial Power, Child Support, Public Interest Litigation
Administrative Law Constitutional Law Costs Prerogative Writs Judicial Power Child Support Public Interest Litigation

Case Brief

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Parties

Mark Alan Whittaker

Applicant

Child Support Registrar

First Respondent

Donna Rennie Whittaker

Second Respondent

Procedural Posture

Application for Prerogative Writs / Post Judgment (reasons and Orders on Costs)

Legal Issues

  1. 1 Whether public interest in constitutional challenge to Registrar's authority justifies departure from the general rule that costs follow the event
  2. 2 Whether failure by Registrar's solicitor to raise costs at judgment delivery precludes awarding costs

Ratio Decidendi

The applicant's reliance on a constitutional argument of public interest did not outweigh the fact that the litigation was primarily for his own personal financial benefit. In the absence of special circumstances, and with the Registrar wholly successful, costs should follow the event.

Court Disposition

Costs ordered against applicant (except those incurred after 30 November 2000)

Orders

  • The applicant pay the respondent's costs of and incidental to the proceedings, including reserved costs, save only for the respondent's costs incurred subsequent to attending to receive judgment on 30 November 2000.