FEDERAL COURT OF AUSTRALIA
Purvis v Dairy Adjustment Authority (No 2) [2006] FCAFC 38
COSTS – unnecessary appeal papers – obligation to cooperate in the preparation of appeal index so as to avoid unnecessary costs
Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)
Federal Court Rules O 52 r 28, O 53 r 16RONALD PURVIS, KAYLENE PURVIS & ROGER CLARK v DAIRY ADJUSTMENT AUTHORITY
No SAD 77 of 2005
BLACK CJ, BRANSON & FINN JJ
ADELAIDE
22 MARCH 2006
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
SAD 77 of 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:
RONALD PURVIS
FIRST APPLICANTKAYLENE PURVIS
SECOND APPLICANTROGER CLARK
THIRD APPLICANTAND:
DAIRY ADJUSTMENT AUTHORITY
RESPONDENTJUDGES:
BLACK CJ, BRANSON & FINN JJ
DATE OF ORDER:
22 MARCH 2006
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
1.The respondent pay to the applicants 50 per cent of the costs of the preparation of the appeal papers.
2.Subject to order 1 hereof, the applicants pay the respondent’s costs of the application other than the respondent’s costs of and incidental to its notice of contention.
3.The costs ordered to be paid by order 1 hereof be set off against the costs ordered to be paid by order 2 hereof.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
SAD 77 of 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:
RONALD PURVIS
FIRST APPLICANTKAYLENE PURVIS
SECOND APPLICANTROGER CLARK
THIRD APPLICANTAND:
DAIRY ADJUSTMENT AUTHORITY
RESPONDENT
JUDGES:
BLACK CJ, BRANSON & FINN JJ
DATE:
22 MARCH 2006
PLACE:
ADELAIDE
REASONS FOR JUDGMENT
BLACK CJ
INTRODUCTION
When judgment in this application by way of appeal from a decision of the Administrative Appeals Tribunal was delivered on 23 January 2006 the only substantive order made was that the application be dismissed. The parties were however ordered to file and serve written submissions on the question of costs.
In the course of the hearing I had expressed my concern about the size of the appeal papers. They consisted of nine volumes containing, in all, over 900 pages and they seemed to me to go far beyond what the nature of the case required.
The costs involved in the preparation of any appeal are likely to be considerable and they should not be increased by the production of unnecessary documents. Moreover, since at least five copies of the appeal papers will need to be produced when, as here, the matter comes before a Full Court of three judges, the cost of including each unnecessary document is, broadly speaking, multiplied fivefold.
The burden of costs is an impediment to access to the courts and it is appropriate for the Court, in the public interest, to discourage the incurring of unnecessary costs, including the costs of unnecessary appeal papers. In relation to appeals to a Full Court in the Court’s appellate jurisdiction (and in relation to other…
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- Case
- [2006] FCAFC 38
- Decision Date
CaseChat Overview and Summary
The court examined whether the respondent's statement of facts and contentions was excessively lengthy and whether it warranted a deviation from the usual cost-bearing rule. It noted that while Practice Note 1 applied to the proceedings, Mansfield J had directed the parties to file a statement of facts and contentions rather than an outline of submissions. Therefore, the court found that the note did not apply to the specifics of this case. Ultimately, the court was not persuaded that the length of the respondent's statement justified any departure from the norm that costs follow the event.
Consequently, the court ruled that the applicants were not entitled to have the respondent's costs of the notice of contention. Instead, it ordered that the respondent pay 50 per cent of the applicants' costs for preparing the appeal papers. The applicants were to bear the remaining costs of the application, excluding those related to the notice of contention. The costs payable by the respondent were to be offset against the costs payable by the applicants. The judges concurred with the Chief Justice's reasons and proposed orders.
Orders
Orders of the court
1. The respondent pay to the applicants 50 per cent of the costs of the preparation of the appeal papers.
2. Subject to order 1 hereof, the applicants pay the respondent’s costs of the application other than the respondent’s costs of and incidental to its notice of contention.
3. The costs ordered to be paid by order 1 hereof be set off against the costs ordered to be paid by order 2 hereof.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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