Crawford v State of Western Australia (No 2)

In the case of Crawford v State of Western Australia (No 2), the appellant, Mr Crawford, contested the decision of the State of Western Australia to refuse his application for a licence to operate a hotel. The matter was heard and determined by the Full Court of the Federal Court of Australia. Mr Crawford sought an order that the parties bear their own costs of the appeal and of the application at first instance, given the public interest nature of the litigation.

The legal issues before the court involved the exercise of discretion in awarding costs in appeals and applications, particularly when the litigation has a public interest character. The court was required to consider whether this public interest nature justified a departure from the usual rule that costs follow the event. The court also had to decide on the appropriate costs order for the appeal and whether to vary the primary judge's order that Mr Crawford pay the respondent's costs of the application at first instance.

In delivering the judgment, the court noted that while the litigation had a public interest character, it did not find this to be a sufficient basis to depart from the usual rule on costs. The court reasoned that the appellant had not succeeded in his appeal, and therefore, the usual rule that costs follow the event should apply. The court ordered that Mr Crawford pay the respondent's costs of the appeal. Additionally, the court declined to vary the primary judge's order that Mr Crawford pay the respondent's costs of the application at first instance.

The final orders of the court were that the appellant pay the respondent’s costs of the appeal, to be taxed in default of agreement. The entry of orders was governed by Rule 39.32 of the Federal Court Rules 2011.