Anderson, Joan Annie v The Commonwealth of Australia

[1998] FCA 584

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 151  of   1995

BETWEEN:	JOAN ANNIE ANDERSON Applicant
AND:	THE COMMONWEALTH OF AUSTRALIA Respondent
JUDGE:		SPENDER J
DATE OF ORDER:		29 MAY 1998
WHERE MADE:		BRISBANE

THE COURT ORDERS THAT:

The applicant pay the respondent’s costs, including reserved costs, of and incidental to the application, to be taxed if not agreed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 151 of 1995

BETWEEN:	JOAN ANNIE ANDERSON Applicant
AND:	THE COMMONWEALTH OF AUSTRALIA Respondent

JUDGE:	SPENDER J
DATE:	29 MAY 1998
PLACE:	BRISBANE

REASONS FOR JUDGMENT

When judgment in this application was given on 21 April 1998, the representative of Mrs Anderson sought the opportunity to make submissions on costs.  I directed that any such submissions were to be made by 28 April 1998.  My associate has since been informed that the applicant would not be making submissions as to costs.  The respondent in a letter of 5 May 1998, within the time limited for the respondent’s submissions on costs, submitted that costs should follow the event and sought an order that the applicant pay the respondent its costs, including reserved costs.  In this case there seems to me to be no reason to depart from the usual order as to costs.  Whether the costs order is enforced, of course, is a matter for the respondent.

I order that the applicant pay the respondent’s costs of and incidental to the application, including reserved costs, to be taxed if not agreed.

I certify that this is a true copy of the Reasons for Judgment herein of the Honourable Justice Spender.

Associate
Dated:             29 May 1998