Australian Crime Commission v NTD8 (No 2) [2009] FCAFC 143

Australian Crime Commission v NTD8 (No 2) [2009] FCAFC 143

The special public interest circumstances, including the possible compulsory acquisition of highly personal and sensitive information about young women or girls who were unable to challenge the exercise of extraordinary powers themselves, together with the fact that success was shared notwithstanding the appellants' overall success, made it just and proper to make no order for the costs of the appeal or the hearing before the trial judge.

Jurisdiction
Australia
Judgment Date
12 October 2009
Procedural Posture
Costs Decision on Appeal / After the Appeal Was Allowed, With Written Submissions on the Costs of the Appeal and of the Proceedings at First Instance
Outcome
No order for costs of the appeal and no order as to the costs of the hearing before the trial judge.
Legal Topics
['departure From Ordinary Rule That Costs Follow the Event' 'special Circumstances' 'public Interest Elements' 'exercise of Compulsory Powers Affecting Fundamental Rights and Liberty' 'shared Success on Appeal']
['costs' 'public Interest Litigation'] ['departure From Ordinary Rule That Costs Follow the Event' 'special Circumstances' 'public Interest Elements' 'exercise of Compulsory Powers Affecting Fundamental Rights and Liberty' 'shared Success on Appeal']

Case Brief

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Procedural Posture

Costs Decision on Appeal / After the Appeal Was Allowed, With Written Submissions on the Costs of the Appeal and of the Proceedings at First Instance

Legal Issues

  1. 1 ['Whether the ordinary rule that costs follow the event should apply after the appellants succeeded on the appeal.' 'Whether special public interest elements justified making no order as to costs.' "Whether the respondent's success on the principal issue and shared success justified departure from the ordinary costs rule."]

Ratio Decidendi

The special public interest circumstances, including the possible compulsory acquisition of highly personal and sensitive information about young women or girls who were unable to challenge the exercise of extraordinary powers themselves, together with the fact that success was shared notwithstanding the appellants' overall success, made it just and proper to make no order for the costs of the appeal or the hearing before the trial judge.

Court Disposition

No order for costs of the appeal and no order as to the costs of the hearing before the trial judge.

Orders

  • ['There be no order for the costs of the appeal.' 'There be no order as to the costs of the hearing before the trial judge.']