Electoral Commissioner v McQuestin [2024] FCA 685

Electoral Commissioner v McQuestin [2024] FCA 685

The Electoral Commissioner was the successful party, having obtained the principal relief sought. The nature and timing of the respondent’s settlement offers, and the context of statutory proceedings, did not justify varying the usual order as to costs. The respondent is to pay the Commissioner's costs including for this application.

Parties
Applicant: The Electoral Commissioner; Respondent: Charles David McQuestin
Jurisdiction
Australia
Judgment Date
26 June 2024
Procedural Posture
Application to Vary Costs Order / Post Judgment (costs Application Determined on Papers)
Outcome
Application dismissed
Legal Topics
Variation of Costs Orders, Costs in Pecuniary Penalty Proceedings, Effect of Settlement Offers on Costs
Costs Electoral Law Variation of Costs Orders Costs in Pecuniary Penalty Proceedings Effect of Settlement Offers on Costs

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Parties

The Electoral Commissioner

Applicant

Charles David McQuestin

Respondent

Procedural Posture

Application to Vary Costs Order / Post Judgment (costs Application Determined on Papers)

Legal Issues

  1. 1 Whether respondent should be regarded as the successful party in the litigation for costs purposes
  2. 2 Whether applicant’s refusal of a settlement offer was unreasonable to justify departure from usual costs order

Ratio Decidendi

The Electoral Commissioner was the successful party, having obtained the principal relief sought. The nature and timing of the respondent’s settlement offers, and the context of statutory proceedings, did not justify varying the usual order as to costs. The respondent is to pay the Commissioner's costs including for this application.

Court Disposition

Application dismissed

Orders

  • The application by the Respondent dated 9 April 2024 seeking a variation to the costs order made on 26 March 2024 is dismissed.
  • The Respondent pay the Applicant's costs of the application.