Garbett v Liu (No 3) [2020] FCAFC 91

Garbett v Liu (No 3) [2020] FCAFC 91

The Court held that it was appropriate, given the public importance and benefit in the issues ventilated by the Garbett petition, to order the Commonwealth to pay the reasonable costs of the applicant and first respondent in VID 1018 of 2019. In VID 1019 of 2019, the Court determined that the applicant should pay his own costs, and the Commonwealth should pay the first respondent's costs up to the trial, reflecting the public importance, while costs for trial and thereafter should be paid by the applicant to the first respondent, due to the applicant's knowledge of the low prospects of success.

Jurisdiction
Australia
Judgment Date
26 May 2020
Procedural Posture
Electoral Petition / Costs Determination Following Dismissal of Petitions
Outcome
Costs orders determined for both petitions; Garbett proceeding costs paid by Commonwealth; Yates proceeding applicant pays own costs and portion of first respondent's costs.
Legal Topics
['costs Determination' 'court of Disputed Returns' 'electoral Petitions' 'discretion to Award Costs' 'public Benefit and Importance']
['administrative and Constitutional Law and Human Rights'] ['costs Determination' 'court of Disputed Returns' 'electoral Petitions' 'discretion to Award Costs' 'public Benefit and Importance']

Case Brief

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Procedural Posture

Electoral Petition / Costs Determination Following Dismissal of Petitions

Legal Issues

  1. 1 ['Whether the Commonwealth should pay the costs of the first respondent in VID 1019 of 2019' 'Appropriateness of costs orders under s 360(4) of the Commonwealth Electoral Act 1918 (Cth)' 'Consideration of public importance and public benefit in awarding costs']

Ratio Decidendi

The Court held that it was appropriate, given the public importance and benefit in the issues ventilated by the Garbett petition, to order the Commonwealth to pay the reasonable costs of the applicant and first respondent in VID 1018 of 2019. In VID 1019 of 2019, the Court determined that the applicant should pay his own costs, and the Commonwealth should pay the first respondent's costs up to the trial, reflecting the public importance, while costs for trial and thereafter should be paid by the applicant to the first respondent, due to the applicant's knowledge of the low prospects of success.

Court Disposition

Costs orders determined for both petitions; Garbett proceeding costs paid by Commonwealth; Yates proceeding applicant pays own costs and portion of first respondent's costs.

Orders

  • ['In VID 1018 of 2019, the Commonwealth pay the reasonable costs of the applicant and first respondent as agreed or assessed.' 'In VID 1018 of 2019, the Commonwealth pay the reasonable costs of the applicant as agreed or assessed.' 'In VID 1018 of 2019, the Commonwealth pay the reasonable costs of the first...