Leeth v The Commonwealth of Australia

The High Court of Australia considered an application for costs in a proceeding involving the constitutional issue raised by the applicant, Leeth, and other related applicants. The Commonwealth of Australia was also a party to the proceedings. The Court had previously made an order, and the current hearing concerned the costs associated with the constitutional aspect of the case, distinct from separate applications for special leave to appeal.

The primary legal issue before the Court was whether costs should be awarded to the applicant, Leeth, in relation to the constitutional proceeding. Counsel for Leeth sought costs, while counsel for the Commonwealth and other applicants indicated they had no submissions to make on this specific point. The Court also addressed the status of several special leave applications, including those brought by Leeth, Kirk, and Donovan, which were adjourned to a date to be fixed.

Brennan J noted that the Court presently constituted was not identical to the Court that made the original order. Accordingly, the submissions made regarding costs would be considered by the full Court. The application for costs by Leeth was not resisted by the parties present. The special leave applications were adjourned as a matter of course.