Donnelly v Johnson [1999] FCA 1875

Donnelly v Johnson [1999] FCA 1875

The applicant should not be ordered to pay costs as the basis for dismissal was not directly argued or pleaded and it would be unreasonable to have expected the applicant to anticipate the respondent's successful argument. The usual order for costs is displaced by these circumstances.

Jurisdiction
Australia
Judgment Date
24 December 1999
Procedural Posture
Application / Judgment and Orders
Outcome
application dismissed
Legal Topics
[]
[]

Case Brief

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Procedural Posture

Application / Judgment and Orders

Legal Issues

  1. 1 []

Ratio Decidendi

The applicant should not be ordered to pay costs as the basis for dismissal was not directly argued or pleaded and it would be unreasonable to have expected the applicant to anticipate the respondent's successful argument. The usual order for costs is displaced by these circumstances.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' 'There is no order as to costs.']