TVW Enterprises Ltd v. Australian Broadcasting Tribunal & Anor [1985] FCA 100

TVW Enterprises Ltd v. Australian Broadcasting Tribunal & Anor [1985] FCA 100

There was no justification to depart from the ordinary rule that the unsuccessful applicant pay the costs of the successful party, as Perth Television did not argue the point on which natural justice could be challenged, and was successful in upholding the relevant decision.

Parties
Applicant: TVW Enterprises Limited; First Respondent: Australian Broadcasting Tribunal; Second Respondent: Perth Television Limited
Jurisdiction
Australia
Judgment Date
20 March 1985
Procedural Posture
Application for Judicial Review / Costs Order After Dismissal
Outcome
Application for costs by applicant dismissed; order for costs granted to second respondent.
Legal Topics
Costs, Standing, Judicial Review
Administrative Law Civil Procedure Costs Standing Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

TVW Enterprises Limited

Applicant

Australian Broadcasting Tribunal

First Respondent

Perth Television Limited

Second Respondent

Procedural Posture

Application for Judicial Review / Costs Order After Dismissal

Legal Issues

  1. 1 Whether the usual order for costs should be made against an unsuccessful applicant
  2. 2 Whether there is reason to depart from the general rule that the unsuccessful applicant pays costs

Ratio Decidendi

There was no justification to depart from the ordinary rule that the unsuccessful applicant pay the costs of the successful party, as Perth Television did not argue the point on which natural justice could be challenged, and was successful in upholding the relevant decision.

Court Disposition

Application for costs by applicant dismissed; order for costs granted to second respondent.

Orders

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