Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Odzic & Anor (No.3)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, was the applicant in proceedings before Smith J of the Federal Circuit Court of Australia concerning a tenancy dispute with the respondents, Odzic & Anor. The primary dispute involved the Commonwealth seeking possession of premises occupied by the respondents.

The central legal issues before the Court were the determination of costs following the resolution of the tenancy dispute, specifically whether the successful party should be awarded costs, and if so, how those costs should be calculated. The Court was required to consider the application of Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth) in assessing the quantum of any costs awarded.

Smith J determined that the Commonwealth, as the successful party, should be awarded costs. The Court applied the principles governing costs orders in federal litigation, noting that costs generally follow the event. In calculating the quantum of costs, the Court directed that they be assessed by reference to the scale set out in Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth). The Court also ordered that the costs order be stayed pending any appeal to the Federal Court of Australia.