Health Insurance Commission v Grey

[2002] FCAFC 283

FEDERAL COURT OF AUSTRALIA

Health Insurance Commission v Grey [2002] FCAFC 283

COSTS – whether ordinary rule that costs follow the event should apply.

THE HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES (as Director of Professional Services Review), CHING TSIANG (as Chairperson of Professional Services Review Committee No 126), JOHN GARNER (as a Member of Professional Services Review Committee No 126), BRUCE INGRAM (as a Member of Professional Services Committee No 126) AND LOUISE MORAUTA (as the Determining Officer) v JOHN HOWARD GREY

V1112 OF 2001

BEAUMONT, SUNDBERG & ALLSOP JJ
6 SEPTEMBER 2002
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 1112 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	THE HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES (as Director of Professional Services Review), CHING TSIANG (as Chairperson of Professional Services Review Committee No 126), JOHN GARNER (as a Member of Professional Services Review Committee No 126), BRUCE INGRAM (as a Member of Professional Services Committee No 126) AND LOUISE MORAUTA (as the Determining Officer) APPELLANTS
AND:	JOHN HOWARD GREY RESPONDENT
JUDGES:	BEAUMONT, SUNDBERG & ALLSOP JJ
DATE OF ORDER:	6 SEPTEMBER 2002
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appellants’ costs of the appeal, the cross-appeal, and of the proceedings at first instance (including its costs of the issue and hearing of the Notice of Motion filed on 19 April 2001) be paid by the respondent.

2.The respondent should have a Costs Certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 1112 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	THE HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES (as Director of Professional Services Review), CHING TSIANG (as Chairperson of Professional Services Review Committee No 126), JOHN GARNER (as a Member of Professional Services Review Committee No 126), BRUCE INGRAM (as a Member of Professional Services Committee No 126) AND LOUISE MORAUTA (as the Determining Officer) APPELLANTS
AND:	JOHN HOWARD GREY RESPONDENT

JUDGES:	BEAUMONT, SUNDBERG & ALLSOP JJ
DATE:	15 MAY 2002
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

THE COURT:

1. On 15 May 2002, the Full Court made these orders:

   1.The appeal be allowed.

   2.The orders made at first instance be set aside; in lieu thereof, order that the proceedings below be dismissed.

   3.The cross-appeal be dismissed.

   4.All costs reserved.  Liberty to the parties to file and serve written submissions on costs within twenty-eight days.

2. We have now received submissions on costs.

3. In our view, the Health Insurance Commission’s submissions are correct. No reason exists for departing from the usual rule. Moreover, we see no reason to stay an order for costs. However, we are of the view that the respondent should have a Costs Certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

4. Accordingly, in respect of costs, we order that:

   1.The appellants’ costs of the appeal, the cross-appeal, and of the proceedings at first instance (including its costs of the issue and hearing of the Notice of Motion filed on 19 April 2001) be paid by the respondent.

   2.The respondent should have a Costs Certificate pursuant to s 6 of the Federal Court Proceedings (Costs) Act 1981 (Cth).

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Dated:            6 September 2002

Counsel for the Appellants:	Ms F Hampel SC Mr S Moloney
Solicitor for the Appellants:	Minter Ellison
Counsel for the Respondent:	Mr B Monotti Mr P Lithgow
Solicitor for the Respondent:	Grundy Maitland & Co
Date of Judgment:	6 September 2002