Attorney-General for Cth v Tse Chu-Fai and Anor

[1998] HCATrans 174

IN THE HIGH COURT OF AUSTRALIA

Registry  No C13 of 1997

B e t w e e n -

THE ATTORNEY-GENERAL FOR THE COMMONWEALTH

Appellant

and

RONALD TSE CHU-FAI

First Respondent

THE GOVERNOR OF THE METROPOLITAN RECEPTION AND REMAND CENTRE

Second Respondent

GAUDRON J
McHUGH J
GUMMOW J
KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 20 MAY 1998, AT 10.35 AM

Copyright in the High Court of Australia

GAUDRON J:   This case was heard in Canberra on 5 March 1998 by a Court constituted by Justices McHugh, Gummow, Kirby, Hayne, Callinan and myself.  On 3 April 1998, the Court delivered its reasons for judgment.  On that date, the Court also ordered that the appellant and the first respondent have liberty within the periods, and in the sequence specified in the reasons for judgment, to file written submissions as to the appropriate order for costs of the cause in this Court.

We have considered the written submissions with respect to costs.  What I am about to say is said on behalf of Justices McHugh, Gummow, Hayne, Callinan and myself. 

The appellant succeeded upon the principal issue in the appeal.  If the matter had remained the Court of Appeal, it should be assumed for present purposes that the appeal would have failed and the first respondent would have suffered a costs order.  There is, thus, no cause to depart from the ordinary position in this Court and costs should follow the event.  Accordingly, the first respondent should pay the appellant’s costs of the proceedings in this Court.

KIRBY J:   I am of the opinion that the appellant should have only half of his costs in this Court and in the courts below, and I publish my reasons.

GAUDRON J:   The order of the Court is the first respondent to pay the appellant’s costs of the proceedings in this Court.  I publish that order.

AT 10.36 AM THE MATTER WAS CONCLUDED