Australian Postal Corporation v Johnston (No. 2)

[2007] FCA 546

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 2006

GREENWOOD 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 Applicant
AND:	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 Applicant
AND:	ALAN JOHNSTON Respondent

JUDGE:	GREENWOOD J
DATE:	17 APRIL 2007
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. 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