Clampett v Attorney-General of the Commonwealth of Australia (No 2)

[2010] FCAFC 13

FEDERAL COURT OF AUSTRALIA

Clampett v Attorney-General of the Commonwealth of Australia (No 2) [2010] FCAFC 13

Citation:		Clampett v Attorney-General of the Commonwealth of Australia (No 2) [2010] FCAFC 13
Appeal from:		Noah v Bailey [2008] FMCA 1002; Noah v Bailey [2008] FMCA 1426
Parties:		LEONARD WILLIAM CLAMPETT and LESLEY ALEXANDRA NOAH v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
File number(s):		QUD 203 of 2008 QUD 323 of 2008
Judges:		BLACK CJ, FINKELSTEIN and GREENWOOD JJ
Date of judgment:		25 February 2010
Date of hearing:	20 November 2008
Date of last submissions:	16 December 2009
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	4
Counsel for the Appellants:	Mr DP O'Gorman SC
Counsel for the Appellants:	Mr R Reed
Solicitor for the Appellants:	Fisher Dore Lawyers
Counsel for the Respondent:	Mr RM Derrington SC
Solicitor for the Respondent:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 203 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: LEONARD WILLIAM CLAMPETT
Appellant

AND: ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Respondent

JUDGES:	BLACK CJ, FINKELSTEIN AND GREENWOOD JJ
DATE OF ORDER:	25 FEBRUARY 2010
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.There be no order for the costs of the appeal.

2.There be no order as to the costs of the proceedings in the Federal Magistrates Court the subject of the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 323 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	LESLEY ALEXANDRA NOAH Appellant
AND:	ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA Respondent

JUDGES:	BLACK CJ, FINKELSTEIN AND GREENWOOD JJ
DATE OF ORDER:	25 FEBRUARY 2010
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.There be no order for the costs of the appeal.

2.There be no order as to the costs of the proceedings in the Federal Magistrates Court the subject of the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 203 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	LEONARD WILLIAM CLAMPETT Appellant
AND:	ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA Respondent
JUDGES:	BLACK CJ, FINKELSTEIN AND GREENWOOD JJ
DATE:	25 FEBRUARY 2010
PLACE:	BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION		QUD 323 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	LESLEY ALEXANDRA NOAH Appellant
AND:	ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA Respondent
JUDGES:	BLACK CJ, FINKELSTEIN AND GREENWOOD JJ
DATE:	25 FEBRUARY 2010
PLACE:	BRISBANE

REASONS FOR JUDGMENT

THE COURT

1. In these appeals the successful appellants have applied for orders for the costs of the appeals and the proceedings at first instance.

2. As the reasons for judgment on the appeals show, the circumstances of these cases are unusual and although the appellants were successful the respondent opposes the making of any orders for costs.  In his written submissions, counsel points out that costs were not sought in the Notices of Appeal and that the appeals were argued in that context.  More fundamentally, the appellants were – counsel submits – “the authors of their own misfortune”.  It is also pointed out, correctly, that the essential point upon which the appellants succeeded emerged only during the hearing of the appeals.

3. Since the behaviour of the appellants before the Federal Magistrate may remain to be considered in a further hearing, we think it better to put that matter to one side and to take a broad view of the matter of costs noting that costs were not sought in the appeals and that the appeals were determined on a point which really only emerged during the hearing.

4. In all the circumstances, the appropriate order is that there should be no order as to the costs at first instance or on appeal.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Black and Justices Finkelstein and Greenwood.

Associate:

Dated:        25 February 2010