Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 3) [2022] FCAFC 46

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 3) [2022] FCAFC 46

Where an appellant succeeds on only one of multiple grounds, costs may be apportioned to reflect partial success, and only the party responsible for the relevant conduct (the first respondent) should bear liability for costs arising from that ground.

Parties
Appellant: Wilson Transformer Company Pty Ltd; First Respondent: Anti-Dumping Review Panel; Second Respondent: ABB Power Grids Australia Pty Ltd; Third Respondent: ABB Chongqing Transformer Co Ltd; Fourth Respondent: Siemens Energy Pty Ltd; Fifth Respondent: Siemens Transformer (Jinan) Co; Sixth Respondent: Siemens Transformer (Wuhan) Co Ltd
Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Appeal / Post Judgment: Costs Orders Following Appeal Decision
Outcome
Appeal allowed. Orders below set aside. Costs partly awarded as specified.
Legal Topics
Costs, Appeal, Procedural Fairness, Customs Act 1901 (cth)
Administrative Law Customs Law Costs Appeal Procedural Fairness Customs Act 1901 (cth)

Case Brief

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Parties

Wilson Transformer Company Pty Ltd

Appellant

Anti-Dumping Review Panel

First Respondent

ABB Power Grids Australia Pty Ltd

Second Respondent

ABB Chongqing Transformer Co Ltd

Third Respondent

Siemens Energy Pty Ltd

Fourth Respondent

Siemens Transformer (Jinan) Co

Fifth Respondent

Siemens Transformer (Wuhan) Co Ltd

Sixth Respondent

Procedural Posture

Appeal / Post Judgment: Costs Orders Following Appeal Decision

Legal Issues

  1. 1 Whether costs of trial and appeal should be apportioned when appellant succeeded on only one of three grounds
  2. 2 Whether all respondents or only the first respondent should bear costs
  3. 3 Appropriate application of legal principles for costs when partial success achieved

Ratio Decidendi

Where an appellant succeeds on only one of multiple grounds, costs may be apportioned to reflect partial success, and only the party responsible for the relevant conduct (the first respondent) should bear liability for costs arising from that ground.

Court Disposition

Appeal allowed. Orders below set aside. Costs partly awarded as specified.

Orders

  • The appeal be allowed.
  • Orders 1 and 2 of 4 June 2021 and order 1 of 21 June 2021 be set aside and replaced as follows: (a) The first respondent's decision of 18 May 2020 be set aside. (b) The matter be remitted to the first respondent for reconsideration according to law. (c) The first respondent pay 50% of the appellant's costs at first...