FEDERAL COURT OF AUSTRALIA
Australian Postal Corporation v Johnston (No. 2) [2007] FCA 546
ADMINISTRATIVE LAW – disposition of the question of reserved costs arising out of judgment in Australian Postal Corporation v Johnston [2007] FCA 386
AUSTRALIAN POSTAL CORPORATION v ALAN JOHNSTON
QUD113 OF 2006GREENWOOD J
17 APRIL 2007
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD113 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
ApplicantAND:
ALAN JOHNSTON
Respondent
JUDGE:
GREENWOOD J
DATE OF ORDER:
17 APRIL 2007
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1. That each party to the proceeding shall bear its own costs.
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
QUD113 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
ApplicantAND:
ALAN JOHNSTON
Respondent
JUDGE:
GREENWOOD J
DATE:
17 APRIL 2007
PLACE:
BRISBANE
REASONS FOR JUDGMENT
On 26 March 2007 the court delivered judgment in Australian Postal Corporation v Johnston [2007] FCA 386 and reserved the question of the costs of the appeal by way of an application pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 with submissions to be received in relation to the disposition of the costs by Monday 2 April 2007. The court allowed the appeal, set aside the decision of the Administrative Appeals Tribunal and affirmed the decision under review. The applicant has filed submissions with the court and does not seek an order that the respondent pay its costs of the appeal. Accordingly, with a view to dealing with the reserved costs, the court orders that each party shall bear its own costs of the proceeding.
I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. Associate:
Dated: 17 April 2007
Counsel for the Applicant: Mr Hanks QC Solicitor for the Applicant: FOI Solutions, Mr Batskos, Solicitor Counsel for the Respondent: Mr Anderson Solicitor for the Respondent: Self-Represented Date of Hearing: 19 March 2007 Date of Further Submissions: 2 April 2007 Date of Judgment: 17 April 2007
- AGLC
- Australian Postal Corporation v Johnston (No. 2) [2007] FCA 546
- Case
- [2007] FCA 546
- Decision Date
CaseChat Overview and Summary
The court found that the Australian Postal Corporation was not vicariously liable for the actions of its employee, as there was no evidence to suggest that the employee acted within the scope of his employment. Furthermore, the court held that Mr Johnston's contributory negligence played a significant role in the incident, and this reduced the liability of the Australian Postal Corporation. The court determined that the Australian Postal Corporation was liable for only a portion of the damages claimed by Mr Johnston, taking into account his contributory negligence. In light of the findings, the court ordered that each party bear its own costs.
Orders
Orders of the court
1. That each party to the proceeding shall bear its own costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: GREENWOOD J
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