Australian Heritage Commission v Mount Isa Mines Ltd

[1996] FCA 50

IN THE FEDERAL COURT OF AUSTRALIA  )
  )

QUEENSLAND DISTRICT REGISTRY     )        No. QG 99 of 1994

)
GENERAL DIVISION                 )

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
  OF AUSTRALIA

BETWEEN:THE AUSTRALIAN HERITAGE COMMISSION

Appellant

AND:MOUNT ISA MINES LIMITED

Respondent

CORAM:    BLACK C.J., BEAUMONT AND BEAZLEY JJ.
PLACE:    MELBOURNE (HEARD IN BRISBANE)
DATE:     15 FEBRUARY 1996

MINUTES OF ORDER

THE COURT ORDERS THAT:

The respondent pay one-half of the appellant's costs of the appeal.

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       )    No. QG99 of 1994

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
  OF AUSTRALIA

BETWEEN:   THE AUSTRALIAN HERITAGE
  COMMISSION

Appellant

AND:   MOUNT ISA MINES LIMITED

Respondent

CORAM:     BLACK C.J., BEAUMONT AND BEAZLEY JJ.

PLACE:     BRISBANE (DELIVERED IN MELBOURNE)

DATE:     15 FEBRUARY 1996

REASONS FOR JUDGMENT (ON COSTS)

BLACK C.J.

When judgment was given in this appeal the Court reserved liberty to either party to apply in writing for costs.  Both parties so applied.  I have considered the submissions of the parties and in my view the degree of success of the appellant, the Australian Heritage Commission, is such that it should receive its costs of the appeal.

-2-

The trial judge ordered that the costs of the hearing before him of the preliminary questions should be costs in the proceedings.  I am not persuaded that any different order should be made with respect to those costs.

I certify that this and the preceding page is a true copy of the reasons for judgment herein of the Honourable Chief Justice Black.

Associate

Dated:

IN THE FEDERAL COURT OF AUSTRALIA  )
  )

QUEENSLAND DISTRICT REGISTRY     ) No. QG 99 of 1994

)
GENERAL DIVISION                   )

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
  OF AUSTRALIA

BETWEEN:THE AUSTRALIAN HERITAGE   COMMISSION

Appellant

AND:MOUNT ISA MINES LIMITED

Respondent          

CORAM:               BLACK C.J., BEAUMONT AND BEAZLEY JJ.

DATE:                15 FEBRUARY 1996

REASONS FOR JUDGMENT (ON COSTS)

BEAUMONT AND BEAZLEY JJ.

On 24 November 1995 we ordered that the answer given at first instance to question (e) be varied, but that the appeal otherwise be dismissed.  We reserved liberty to the parties to apply for costs by submissions in writing.  We have now received, and considered, those submissions.  As our reasons and orders indicate, the Commission was partially successful in the appeal.  In our opinion, this outcome should be reflected in its receipt of one-half of its costs of the appeal.

At first instance, the trial Judge ordered that those costs be costs in the proceedings and there is no reason to disturb this order.

I certify that this and the preceding page is a true copy of the Reasons for Judgment herein of their Honours Justice Beaumont and Beazley

Associate

Dated:       February 1996