The Australian Heritage Commission v Mount Isa Mines Ltd [1997] FCA 1282

The Australian Heritage Commission v Mount Isa Mines Ltd [1997] FCA 1282

In light of the Commission's successful appeal to the High Court, although it failed on one of the two questions and succeeded on the other, the answer on which it was ultimately successful was of fundamental importance to the administration and operation of the Australian Heritage Commission Act 1975 (Cth). The appellant's degree of success warranted an order that it receive all of its costs of the appeal, and the remaining two judges could make the order with the parties' consent under s 14(3) of the Federal Court of Australia Act 1976.

Jurisdiction
Australia
Judgment Date
21 November 1997
Procedural Posture
Application to the Full Court Regarding Costs of an Appeal / Reasons for Judgment on Costs Following High Court Variation Reserving Liberty to Apply
Outcome
Respondent ordered to pay the appellant's costs of the appeal.
Legal Topics
['costs of Appeal to the Full Court' 'constitution of the Full Court Where One Judge Is No Longer a Member of the Court' 'administrative Decisions (judicial Review) Act 1977 (cth) Proceedings' 'australian Heritage Commission Act 1975 (cth)']
['practice and Procedure' 'costs' 'administrative Law'] ['costs of Appeal to the Full Court' 'constitution of the Full Court Where One Judge Is No Longer a Member of the Court' 'administrative Decisions (judicial Review) Act 1977 (cth) Proceedings' 'australian Heritage Commission Act 1975 (cth)']

Case Brief

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Procedural Posture

Application to the Full Court Regarding Costs of an Appeal / Reasons for Judgment on Costs Following High Court Variation Reserving Liberty to Apply

Legal Issues

  1. 1 ["Whether the respondent should pay all of the appellant's costs of the appeal to the Full Court, or a proportion greater than one-half." 'Whether the matter could be dealt with by the remaining two judges of the Full Court after one judge ceased to be a member of the Court.']

Ratio Decidendi

In light of the Commission's successful appeal to the High Court, although it failed on one of the two questions and succeeded on the other, the answer on which it was ultimately successful was of fundamental importance to the administration and operation of the Australian Heritage Commission Act 1975 (Cth). The appellant's degree of success warranted an order that it receive all of its costs of the appeal, and the remaining two judges could make the order with the parties' consent under s 14(3) of the Federal Court of Australia Act 1976.

Court Disposition

Respondent ordered to pay the appellant's costs of the appeal.

Orders

  • ["The respondent pay the appellant's costs of the appeal."]