P v Australian Crime Commission (No 3) [2008] FCA 1520

P v Australian Crime Commission (No 3) [2008] FCA 1520

Although both the Interveners and the applicant had a measure of success, the Interveners had the better result on matters of substance. Having regard to their status as interveners and the circumstances of the motion, it was appropriate that they receive only a limited proportion of their costs, fixed at 40%.

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Costs Determination Following Motions Concerning Access to Court File Material and Disclosure of Particulars / Reasons for Judgment and Order on Costs
Outcome
The applicant was ordered to pay 40% of the Interveners' costs of their motion of 24 July 2008.
Legal Topics
['costs' 'interveners' 'access to Court File' 'open Justice' 'legal Professional Privilege' 'anonymity' 'suppression or Non Publication Orders']
['civil Procedure'] ['costs' 'interveners' 'access to Court File' 'open Justice' 'legal Professional Privilege' 'anonymity' 'suppression or Non Publication Orders']

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Procedural Posture

Costs Determination Following Motions Concerning Access to Court File Material and Disclosure of Particulars / Reasons for Judgment and Order on Costs

Legal Issues

  1. 1 ["Whether the applicant should pay the Interveners' costs of their motion for access to material on the Court file and disclosure of particulars." "What proportion of the Interveners' costs should be paid where both the Interveners and the applicant had a measure of success." 'Whether the media status of the Interveners required any particular principle in the exercise of the costs discretion.']

Ratio Decidendi

Although both the Interveners and the applicant had a measure of success, the Interveners had the better result on matters of substance. Having regard to their status as interveners and the circumstances of the motion, it was appropriate that they receive only a limited proportion of their costs, fixed at 40%.

Court Disposition

The applicant was ordered to pay 40% of the Interveners' costs of their motion of 24 July 2008.

Orders

  • ['The applicant to pay 40% of the costs of the Interveners of their motion of 24 July 2008.']