STX Developments Pty Limited v Commonwealth of Australia [2005] FCA 382

STX Developments Pty Limited v Commonwealth of Australia [2005] FCA 382

As the claim against the second respondent was dismissed by consent and there was no conduct warranting a different outcome, the usual order that costs follow the event should apply; deferring the decision is inappropriate where the second respondent is no longer a party to the remaining proceedings.

Jurisdiction
Australia
Judgment Date
08 April 2005
Procedural Posture
Application for Judicial Review and Damages / Costs Determination After Partial Dismissal
Outcome
Applicant ordered to pay the second respondent's costs of the application.
Legal Topics
['costs Discretion' 'tender Process' 'declaratory Relief' 'damages' 'procedural Fairness']
['administrative Law' 'costs'] ['costs Discretion' 'tender Process' 'declaratory Relief' 'damages' 'procedural Fairness']

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Procedural Posture

Application for Judicial Review and Damages / Costs Determination After Partial Dismissal

Legal Issues

  1. 1 ["Whether the applicant should pay the second respondent's costs following dismissal of proceedings against the second respondent" 'Whether costs determination should be deferred until completion of proceedings against the first respondent' 'Whether there is reason to depart from the general rule that costs follow the event']

Ratio Decidendi

As the claim against the second respondent was dismissed by consent and there was no conduct warranting a different outcome, the usual order that costs follow the event should apply; deferring the decision is inappropriate where the second respondent is no longer a party to the remaining proceedings.

Court Disposition

Applicant ordered to pay the second respondent's costs of the application.

Orders

  • ["The applicant pay the second respondent's costs of the application."]