Fuller, Donald v Minister for Primary Industries and Energy

[1998] FCA 769

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAG 46  of   1997

BETWEEN:

DONALD FULLER

APPLICANT

AND:

MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

FIRST RESPONDENT

NATIONAL REGISTRATION AUTHORITY

SECOND RESPONDENT

JUDGE:

FRENCH J

DATE OF ORDER:

2 JULY 1998

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1. The applicant pay the first and second respondents’ costs of the motion filed
              on 1 April 1997.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAG 46 of 1997

BETWEEN:

DONALD FULLER

APPLICANT

AND:

MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

FIRST RESPONDENT

NATIONAL REGISTRATION AUTHORITY

SECOND RESPONDENT

JUDGE:	FRENCH J
DATE:	2 JULY 1998
PLACE:	PERTH

RULING ON COSTS

On 15 April 1998, I dismissed a motion filed by Mr Fuller on 1 April in which he sought an order for costs made on 7 August 1997 be stayed pending determination of an appeal and related proceedings including proceedings in the High Court of Australia.  The motion came on before me on 6 April.  I heard argument and directed the filing of answering affidavits and written submissions.  I invited submissions from the parties as to the costs of the motion.  Both the Minister and the National Registration Authority were served with Mr Fuller’s motion and both appeared by counsel on its return.  Having read Mr Fuller’s short submission and a submission from the National Registration Authority, I am of the opinion that the costs
should follow the event and that the applicant should pay the first and second respondents’ costs of the motion.

I certify that this and the preceding  page are a true copy of the Reasons for Judgment herein of the Honourable Justice French

Associate:

Dated:            2 July 1998

Counsel for the Applicant:

Mr D. Fuller appeared in person.

Counsel for the First Respondent:

Ms J.J. Lord

Solicitor for the First Respondent:

Australian Government Solicitor

Counsel for the Second
Respondent:

Solicitor for the Second

Mr D.J. Bishop

Clayton Utz

Date of Hearing:

6 April 1998

Date of Judgment:

2 July 1998