Prins v News Corp Australia Pty Ltd & Ors (No.2)
Case
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[2019] FCCA 2655
•20 September 2019
Details
AGLC
Case
Decision Date
Prins v News Corp Australia Pty Ltd and Ors (No.2) [2019] FCCA 2655
[2019] FCCA 2655
20 September 2019
CaseChat Overview and Summary
In *Prins v News Corp Australia Pty Ltd & Ors (No.2)*, the applicant, Prins, sought an order for costs against the respondents, News Corp Australia Pty Ltd and others, following proceedings initiated under the *Australian Human Rights Commissions Act 1986* (Cth). The dispute concerned an application for costs in relation to proceedings that had previously been heard and determined by the court.
The central legal issue before Judge Jarrett was whether the general rule that costs should follow the event should apply in this specific instance, and if so, how those costs should be assessed. The court was required to consider the circumstances of the proceedings and determine if there were any exceptional reasons to depart from the usual costs order.
Judge Jarrett applied the principle that costs generally follow the event, meaning the unsuccessful party typically bears the costs of the successful party. In this instance, the court found no compelling reason to deviate from this rule. Consequently, the court ordered that the costs of the proceedings be assessed, indicating that the respondents would be liable for the applicant's costs, subject to a formal assessment process to determine the quantum.
The central legal issue before Judge Jarrett was whether the general rule that costs should follow the event should apply in this specific instance, and if so, how those costs should be assessed. The court was required to consider the circumstances of the proceedings and determine if there were any exceptional reasons to depart from the usual costs order.
Judge Jarrett applied the principle that costs generally follow the event, meaning the unsuccessful party typically bears the costs of the successful party. In this instance, the court found no compelling reason to deviate from this rule. Consequently, the court ordered that the costs of the proceedings be assessed, indicating that the respondents would be liable for the applicant's costs, subject to a formal assessment process to determine the quantum.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Costs
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Standing
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Judicial Review
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Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
5
Prins v News Corp Australia Pty Ltd
[2018] FCCA 3597
Hinchliffe v University of Sydney (No. 2)
[2004] FMCA 640