Hanson v Burston (No 2) [2023] FCA 41

Hanson v Burston (No 2) [2023] FCA 41

Given the respondent's substantial success on the most important issue (Section 46PO(3)), and account for partial failures, the just outcome is for the applicant to pay 75% of the respondent's costs of and incidental to the interlocutory application.

Parties
Applicant: Pauline Hanson; Respondent: Brian Burston
Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Interlocutory Application for Strike Out And/or Summary Dismissal of Originating Application and Amended Points of Claim / Costs Determination Following Judgment on Interlocutory Application
Outcome
Applicant ordered to pay 75% of respondent's costs of and incidental to the interlocutory application.
Legal Topics
Costs, Jurisdiction, Summary Judgment, Strike Out, Sex Discrimination
Administrative and Constitutional Law and Human Rights Costs Jurisdiction Summary Judgment Strike Out Sex Discrimination

Case Brief

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Parties

Pauline Hanson

Applicant

Brian Burston

Respondent

Procedural Posture

Interlocutory Application for Strike Out And/or Summary Dismissal of Originating Application and Amended Points of Claim / Costs Determination Following Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether the respondent was entitled to costs following partial success on interlocutory application for summary dismissal and/or strike out
  2. 2 Relative weight to be given to issues on which each party succeeded or failed
  3. 3 Appropriate proportion of costs to be paid

Ratio Decidendi

Given the respondent's substantial success on the most important issue (Section 46PO(3)), and account for partial failures, the just outcome is for the applicant to pay 75% of the respondent's costs of and incidental to the interlocutory application.

Court Disposition

Applicant ordered to pay 75% of respondent's costs of and incidental to the interlocutory application.

Orders

  • The applicant pay 75% of the costs of the respondent of and incidental to the interlocutory application dated 20 August 2021, including the costs of the submissions on costs.