Legal Practitioner v Council of the Law Society of the ACT
[2018] ACTCA 19
Para 1
…6; The Appellants v Council of the Law Society of the ACT (2011) 252 FLR 209. See also The Legal Practitioner v Council of the Law Society of the ACT (2011) 257 FLR 118 at 124-5; [43]-[47].…
Quach v Butt
[2017] ACTCA 4
Para 1
…67 at 68; Knight v F P Special Assets Ltd (1992) 174 CLR 178 at 193; Director of Public Prosecutions v Deeks (1994) 34 NSWLR 523 at 531; Quach v Butt [2017] ACTCA 4 at [142]-[146].…
Construction, Forestry, Mining and Energy Union v Commissioner, Australian Federal Police (No 2)
[2017] ACTSC 10
Para 1
…nown exceptions to this general rule. As was said in Construction, Forestry, Mining and Energy Union v Commissioner, Australian Federal Police (No 2) [2017] ACTSC 10 at [50]:…
Concerned Citizens of Canberra Inc v Chief Executive (Planning and Land Authority) (No 2)
[2017] ACTCA 1
Para 1
…In Concerned Citizens of Canberra Inc v Chief Executive (Planning and Land Authority) (No 2) [2017] ACTCA 1 at [18]-[22], Refshauge J set out as follows the statutory basis for the Court of Appeal’s power to make a costs order:…
Cristian v Bottrill
[2016] ACTSC 315
Para 1
…cunious or would have difficulty in meeting a costs order, that has never been a basis for declining to make an order for costs: Cristian v Botterill [2016] ACTSC 315 at [19]; Edwards v Stocks (No 2) [2009] TASSC 11; 17 Tas R 454 at 460-1; [12]; Knight v Secretary of the Department of Justice (Re Costs) [2004] VSC…
BRJ v Council of the NSW Bar Association (No 2)
[2016] NSWSC 228
Para 1
…Even then, it has been consistently held that such proceedings are civil proceedings: BRJ v Council of the New South Wales Bar Association (No 2) [2016] NSWSC 228 at [6]; Levi v Australian Securities and Investments Commission (No 2) [2013] NSWSC 932 at [8]; Fernando v Medical Complaints Tribunal [2004] TASSC 130 a…
GJ v AS (No 3)
[2015] ACTCA 31
Para 1
…GJ then appealed that decision to this Court which heard the appeal on 8 May 2015 and, on 3 August 2015, dismissed the appeal: GJ v AS (No 3) [2015] ACTCA 31.…
GJ v AS
[2015] ACTSC 66
Para 1
…We agree, as did Penfold J in GJ v AS [2015] ACTSC 66 at [28].…
Lewis v Chief Executive Department of Justice and Community Safety (No 2)
[2014] ACTSC 196
Para 1
…t: Oshlack v Richmond River Council (1998) 193 CLR 72 at 97; [67]. See also Lewis v Chief Executive of the Department of Justice and Community Safety [2014] ACTSC 196 at [17].…
GJ v AS
[2014] ACTSC 189
Para 1
…y the Magistrates Court. That appeal was heard in July and October 2013 and on 17 February 2014. On 11 August 2014, the appeal was dismissed: GJ v AS [2014] ACTSC 189.…
Electro Optic Systems Pty Ltd v The State of New South Wales; Wayne West v The State of New South Wales
[2013] ACTSC 155
Para 1
…arty: New South Wales Crime Commission v Police Integrity Commission (No 3) [2011] NSWSC 978 at [10]; Electro Optic Systems Pty Ltd v New South Wales [2013] ACTSC 155 at [40].…
Levi v Australian Securities and Investments Commission (No 2)
[2013] NSWSC 932
Para 1
…J v Council of the New South Wales Bar Association (No 2) [2016] NSWSC 228 at [6]; Levi v Australian Securities and Investments Commission (No 2) [2013] NSWSC 932 at [8]; Fernando v Medical Complaints Tribunal [2004] TASSC 130 at [59], [66].…
CIC Australia Ltd v Australian Capital Territory Planning and Land Authority
[2013] ACTSC 96
Para 1
…the power under the provisions regulating the appeal. See, for example, CIC Australia Ltd v Australian Capital Territory Planning and Land Authority (2013) 277 FLR 26; The Appellants v Council of the Law Society of the ACT (2011) 252 FLR 209. See also The Legal Practitioner v Council of the Law Society of the ACT (…
Kuek
[2012] FCA 494
Para 1
…ripps v G & M Dawson Pty Ltd [2006] NSWCA 81 at [55]; Malouf v Prince [2009] NSWCA 159 at [12]-[13]; Adamson v Ede [2009] NSWCA 379 at [160]; Re Kuek [2012] FCA 494; 291 ALR 43 at 452; [19].…
Ritchie v Styles (No 2)
[2011] TASSC 60
Para 1
…In Ritchie v Styles (No 2) [2011] TASSC 60 at [16], it was said that the focus when considering costs is on the conduct of the successful party, as pointed out in Oshlack v Richmond River Council at 97; [69].…
New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission (No 3)
[2011] NSWSC 978
Para 1
…y (1990) 170 CLR 534 at 543. Similarly, it is not to reward a successful party: New South Wales Crime Commission v Police Integrity Commission (No 3) [2011] NSWSC 978 at [10]; Electro Optic Systems Pty Ltd v New South Wales [2013] ACTSC 155 at [40].…
Appellants v Council of the Law Society of the ACT
[2011] ACTSC 133
Para 1
…IC Australia Ltd v Australian Capital Territory Planning and Land Authority (2013) 277 FLR 26; The Appellants v Council of the Law Society of the ACT (2011) 252 FLR 209. See also The Legal Practitioner v Council of the Law Society of the ACT (2011) 257 FLR 118 at 124-5; [43]-[47].…
GJ v AS
[2011] ACTSC 119
Para 1
…6, the exclusion in r 4(1) meant that there was no power in the Supreme Court to make an order for costs on an appeal under s 97 of that Act: GJ v AS [2011] ACTSC 119 at [23].…
Potier v Director-General, Department of Justice & Attorney General
[2011] NSWCA 105
Para 1
…In Potier v Director-General, Department of Justice & Attorney General [2011] NSWCA 105 at [10], Handley AJA pointed out that, albeit in the context of particular legislation, “proceedings are either civil or criminal, and proceedings which are not criminal are civil”. This is consistent with the definition of “civ…
Lend Lease GPT (Rouse Hill) Pty Ltd v Hills Shire Council (No 2)
[2011] NSWLEC 26
Para 1
…rights, from his, her or its costs. See Metsikas v Quirk [2010] NSWSC 756 at [7]; Lend Lease GPT (Rouse Hill) Pty Ltd v Hills Shire Council (No 2) [2011] NSWLEC 26 at [32]. This is not a punishment of the unsuccessful party but the ordinary application of the principles relating to the award of costs.…
Metsikas v Quirk
[2010] NSWSC 756
Para 1
…ced into litigation which the Court has held did not succeed in validating the appellant’s rights, from his, her or its costs. See Metsikas v Quirk [2010] NSWSC 756 at [7]; Lend Lease GPT (Rouse Hill) Pty Ltd v Hills Shire Council (No 2) [2011] NSWLEC 26 at [32]. This is not a punishment of the unsuccessful party b…
Adamson v Ede
[2009] NSWCA 379
Para 1
…Victoria [2003] VSCA 194 at [33]; Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 at [55]; Malouf v Prince [2009] NSWCA 159 at [12]-[13]; Adamson v Ede [2009] NSWCA 379 at [160]; Re Kuek [2012] FCA 494; 291 ALR 43 at 452; [19].…
Malouf v Prince
[2009] NSWCA 159
Para 1
…er v The Queen; Ex parte Attorney-General of Victoria [2003] VSCA 194 at [33]; Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 at [55]; Malouf v Prince [2009] NSWCA 159 at [12]-[13]; Adamson v Ede [2009] NSWCA 379 at [160]; Re Kuek [2012] FCA 494; 291 ALR 43 at 452; [19].…
Giller v Procopets (No 2)
[2009] VSCA 72
Para 1
…This approach can clearly be seen in the consideration of costs made in Giller v Procopets (No 2) [2009] VSCA 72; 24 VR 1 at 124; [20]-[21], where the plaintiff, who succeeded at trial, had her costs reduced for the trial because she was found to have lied at the trial and had induced others to lie, described by…
Edwards v Stocks
[2009] TASSC 11
Para 1
…s order, that has never been a basis for declining to make an order for costs: Cristian v Botterill [2016] ACTSC 315 at [19]; Edwards v Stocks (No 2) [2009] TASSC 11; 17 Tas R 454 at 460-1; [12]; Knight v Secretary of the Department of Justice (Re Costs) [2004] VSC 29 at [5]; Scott v Secretary, Department of Socia…
Lansen v Minister for Environment and Heritage (No 3)
[2008] FCA 1367
Para 1
…ould ordinarily not be a relevant consideration justifying a different order for costs. See Lansen v Minister for the Environment and Heritage (No 3) [2008] FCA 1367; 162 LGERA 258 at 269; [41]; Wentworth v Rogers [2003] NSWSC 944 at [39]; Latoudis v Casey at 567.…
Wentworth v Rogers & Anor
[2007] HCATrans 747
Para 1
…has been so held on many occasions. See Commonwealth v Crothell Hospital Services (Aust) Ltd (1981) 36 ALR 567 at 571, 587; Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 at 651; Etna v Arif [1999] VSCA 99; [1999] 2 VR 353 at 378; Hoser v The Queen; Ex parte Attorney-General of Victoria [2003] VSCA 194 at [33]; Cripps…
O'Connell v Nixon
[2007] VSCA 131
Para 1
…ate legislation, as are the Court Procedures Rules , is very wide, even, on occasion, to limiting the rights under an Act itself: O’Connell v Nixon [2007] VSCA 131; 16 VR 440. Thus, as Professor Campbell explained, an express conferral of such a power is valid.…
Board of Examiners v XY
[2006] VSCA 190
Para 1
…Australian Maritime Safety Authority (No 2) [1998] FCA 975 at p 3. Indeed, as pointed out by the Victorian Court of Appeal in Board of Examiners v XY [2006] VSCA 190; 25 VAR 193 at 206; [31], this is an irrelevant consideration.…
Cripps v G & M Dawson Pty Ltd
[2006] NSWCA 81
Para 1
…999] VSCA 99; [1999] 2 VR 353 at 378; Hoser v The Queen; Ex parte Attorney-General of Victoria [2003] VSCA 194 at [33]; Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 at [55]; Malouf v Prince [2009] NSWCA 159 at [12]-[13]; Adamson v Ede [2009] NSWCA 379 at [160]; Re Kuek [2012] FCA 494; 291 ALR 43 at 452; [19].…
In the matter of an application by the Chief Commissioner of Police (Vic)
[2005] HCA 18
Para 1
…This approach has also been held to apply to further affidavit material: Re Application of the Chief Commissioner of Police (Vic) [2005] HCA 18; 214 ALR 422 at 427; [22].…
Fernando v Medical Complaints Tribunal
[2004] TASSC 130
Para 1
…NSWSC 228 at [6]; Levi v Australian Securities and Investments Commission (No 2) [2013] NSWSC 932 at [8]; Fernando v Medical Complaints Tribunal [2004] TASSC 130 at [59], [66].…
Knight v Secretary to the Department of Justice (Re Costs)
[2004] VSC 29
Para 1
…] ACTSC 315 at [19]; Edwards v Stocks (No 2) [2009] TASSC 11; 17 Tas R 454 at 460-1; [12]; Knight v Secretary of the Department of Justice (Re Costs) [2004] VSC 29 at [5]; Scott v Secretary, Department of Social Security (No 7) [2000] FCA 1450 at [4]; Yilan v Minister for Immigration and Multicultural Affairs [1…
Hoser v R
[2003] VSCA 194
Para 1
…Rogers (No 3) (1986) 6 NSWLR 642 at 651; Etna v Arif [1999] VSCA 99; [1999] 2 VR 353 at 378; Hoser v The Queen; Ex parte Attorney-General of Victoria [2003] VSCA 194 at [33]; Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 at [55]; Malouf v Prince [2009] NSWCA 159 at [12]-[13]; Adamson v Ede [2009] NSWCA 379 at [160…
Wentworth v Rogers
[2003] NSWSC 944
Para 1
…ferent order for costs. See Lansen v Minister for the Environment and Heritage (No 3) [2008] FCA 1367; 162 LGERA 258 at 269; [41]; Wentworth v Rogers [2003] NSWSC 944 at [39]; Latoudis v Casey at 567.…
R v Theophanous
[2003] VSCA 78
Para 1
…an v Director of Public Prosecutions of the Australian Capital Territory [2003] HCA 28; 214 CLR 318 at 329-30; [27]-[31], 368; [143]; R v Theophanous [2003] VSCA 78; 141 A Crim R 216 at 286; [204].…
Eastman v Director of Public Prosecutions (ACT)
[2003] HCA 28
Para 1
…Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 at 258; Eastman v Director of Public Prosecutions of the Australian Capital Territory [2003] HCA 28; 214 CLR 318 at 329-30; [27]-[31], 368; [143]; R v Theophanous [2003] VSCA 78; 141 A Crim R 216 at 286; [204].…
Black Uhlans Inc v New South Wales Crime Commission
[2002] NSWSC 1060
Para 1
…ion deprives the plaintiff of an equitable remedy to which he or she would otherwise be entitled: Black Uhlans Inc v New South Wales Crime Commission [2002] NSWSC 1060; 12 BPR 98107 at 22,428; [158]-[159]. None of this has any relevance to these proceedings at all, much less to the question of costs.…
NAMU of 2002 v Secretary, Department of Immigration & Multicultural & Indigenous Affairs
[2002] FCA 961
Para 8
…e is necessary to justify a departure from the general rule: NAMU of 2002 v Secretary, Department of Immigration & Multicultural & Indigenous Affairs [2002] FCA 961 at [8]. Thus, good reasons must be identified, as the discretion must be exercised judicially, and those good reasons must be connected with or leadi…
Scott v Secretary, Department of Social Security (No 2)
[2000] FCA 1450
Para 1
…460-1; [12]; Knight v Secretary of the Department of Justice (Re Costs) [2004] VSC 29 at [5]; Scott v Secretary, Department of Social Security (No 7) [2000] FCA 1450 at [4]; Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 1212 at [2]-[3], [5]; Hollier v Australian Maritime Safety Authority (N…
Yilan v Minister for Immigration and Multicultural Affairs
[1999] FCA 1212
Para 1
…29 at [5]; Scott v Secretary, Department of Social Security (No 7) [2000] FCA 1450 at [4]; Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 1212 at [2]-[3], [5]; Hollier v Australian Maritime Safety Authority (No 2) [1998] FCA 975 at p 3. Indeed, as pointed out by the Victorian Court of Appeal…
Etna v Arif
[1999] VSCA 99
Para 1
…Commonwealth v Crothell Hospital Services (Aust) Ltd (1981) 36 ALR 567 at 571, 587; Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 at 651; Etna v Arif [1999] VSCA 99; [1999] 2 VR 353 at 378; Hoser v The Queen; Ex parte Attorney-General of Victoria [2003] VSCA 194 at [33]; Cripps v G & M Dawson Pty Ltd [2006] NSWCA…
Hollier v Australian Maritime Safety Authority (No 2)
[1998] FCA 975
Para 1
…4]; Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 1212 at [2]-[3], [5]; Hollier v Australian Maritime Safety Authority (No 2) [1998] FCA 975 at p 3. Indeed, as pointed out by the Victorian Court of Appeal in Board of Examiners v XY [2006] VSCA 190; 25 VAR 193 at 206; [31], this is an irrel…
Oshlack v Richmond River Council
[1998] HCA 11
Para 1
…be indemnified for the expenses incurred in either enforcing a right or defending against an allegation of a right: Oshlack v Richmond River Council (1998) 193 CLR 72 at 97; [67]. See also Lewis v Chief Executive of the Department of Justice and Community Safety [2014] ACTSC 196 at [17].…
Coco v the Queen
[1994] HCA 15
Para 1
…ght, Danci and Currie (1992) 77 A Crim R 67 at 68; Knight v F P Special Assets Ltd (1992) 174 CLR 178 at 193; Director of Public Prosecutions v Deeks (1994) 34 NSWLR 523 at 531; Quach v Butt [2017] ACTCA 4 at [142]-[146].…
Knight v FP Special Assets Ltd
[1992] HCA 28
Para 1
…at 190; Wyatt v Albert Shire Council [1987] 1 Qd R 486 at 488; Wright, Danci and Currie (1992) 77 A Crim R 67 at 68; Knight v F P Special Assets Ltd (1992) 174 CLR 178 at 193; Director of Public Prosecutions v Deeks (1994) 34 NSWLR 523 at 531; Quach v Butt [2017] ACTCA 4 at [142]-[146].…
Latoudis v Casey
[1990] HCA 59
Para 1
…ightly submits that an order for costs is not to punish an unsuccessful litigant. This has been stated many times. See, for example, Latoudis v Casey (1990) 170 CLR 534 at 543. Similarly, it is not to reward a successful party: New South Wales Crime Commission v Police Integrity Commission (No 3) [2011] NSWSC 978 at…
Metwally v University of Wollongong
[1985] HCA 28
Para 1
…ndeed, it has been described as permitted by appellate courts “in the most exceptional circumstances”: University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 at 483.…
Commonwealth of Australia v Crothall Hospital Services (Aust) Ltd
[1981] FCA 117
Para 1
…ement to costs is a matter of practice and procedure. It has been so held on many occasions. See Commonwealth v Crothell Hospital Services (Aust) Ltd (1981) 36 ALR 567 at 571, 587; Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 at 651; Etna v Arif [1999] VSCA 99; [1999] 2 VR 353 at 378; Hoser v The Queen; Ex parte Att…
Carr v Finance Corporation of Australia Ltd (No 1)
[1981] HCA 20
Para 1
…l not consider submissions filed after the hearing of an appeal unless leave has been granted. See Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 at 258; Eastman v Director of Public Prosecutions of the Australian Capital Territory [2003] HCA 28; 214 CLR 318 at 329-30; [27]-[31], 368; [143]; R…