Venerable Dr Peter Carlsson v Right Reverend John Ford (No 2) [2019] FCA 805

Venerable Dr Peter Carlsson v Right Reverend John Ford (No 2) [2019] FCA 805

The proceeding was a proceeding in its own right, brought in a particular statutory context, and was at an end. Because the applicant was largely, but not entirely, successful, his measure of success was properly reflected by ordering the respondents to pay 75% of his costs of this proceeding.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Application for an Interim Injunction Under S 46 PP of the Australian Human Rights Commission Act 1986 (cth) / Costs Determination After Interim Injunction Granted and Complaint Terminated
Outcome
The respondents were ordered to pay 75% of the applicant's costs of the proceeding.
Legal Topics
['interim Injunction' 'australian Human Rights Commission Act 1986 (cth)' 'costs Following the Event' 'costs in the Cause']
['administrative and Constitutional Law and Human Rights' 'costs'] ['interim Injunction' 'australian Human Rights Commission Act 1986 (cth)' 'costs Following the Event' 'costs in the Cause']

Case Brief

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Procedural Posture

Application for an Interim Injunction Under S 46 PP of the Australian Human Rights Commission Act 1986 (cth) / Costs Determination After Interim Injunction Granted and Complaint Terminated

Legal Issues

  1. 1 ["Whether the respondents should pay the applicant's costs of the proceeding after the applicant was largely, but not entirely, successful in obtaining an injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth)." 'Whether the question of costs should be reserved or made costs in the cause in the second proceeding.']

Ratio Decidendi

The proceeding was a proceeding in its own right, brought in a particular statutory context, and was at an end. Because the applicant was largely, but not entirely, successful, his measure of success was properly reflected by ordering the respondents to pay 75% of his costs of this proceeding.

Court Disposition

The respondents were ordered to pay 75% of the applicant's costs of the proceeding.

Orders

  • ["The respondents pay 75% of the applicant's costs of this proceeding to be assessed in default of agreement."]