RE MacTIERNAN; EX PARTE ABERDEEN NOMINEES PTY LTD & ORS [2004] WASCA 262

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASCA 262
Case No:	CIV:2476/2003	Heard:	16 SEPTEMBER 2004
Coram:	STEYTLER J TEMPLEMAN J MILLER J	Delivered:	17/11/04
No of pages:	26	Judgment Part:	1 of 1
Result:	Application dismissed
Category:	B
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Parties:	ABERDEEN NOMINEES PTY LTD (ACN 008 849 527) TALIA NOMINEES PTY LTD (ACN 008 849 518) COASTAL ESTATES PTY LTD (ACN 008 679 276) CASPAR PTY LTD (ACN 008 688 293) MINISTER FOR PLANNING AND INFRASTRUCTURE
Catchwords:	Costs Order nisi for writ of mandamus Proceedings unnecessary Whether conduct of respondent so unreasonable as to justify order for costs against her Turns on own facts
Legislation:	Land Administration Act 1997 (WA), s 207, s 218, s 220(b), s 241(6)
Case References:	Grundy v Lewis [1998] FCA 563 Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 Minister for the Environment v Florence (1979) 21 SASR 108 O'Neill v Mann [2000] FCA 1680 R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 R v Gold Coast City Council; Ex parte Raysun Pty Ltd [1971] QWN 13 Re the Minister for Immigration and Ethnic Affairs (Cth); Ex parte Lai Qin (1997) 186 CLR 622 Re The Minister for Immigration and Ethnic Affairs; Ex parte Qin (1997) 186 CLR 622 Scott v Handley [1999] FCA 404 Tooth v Brisbane City Council (1928) 41 CLR 212 Byrne v Victorian Railways Commission (1892) 18 VLR 671 Cordell v Housing Commission [1948] VLR 257 March v City of Frankston [1969] VR 350 Melwood Units Pty Ltd v Commissioner of Main Roads (1976) 37 LGRA 355 Mobbs v Valuer-General (1922) 6 LGR 73 O'Neill v Mann [2000] FCA 1680 Smith v Shire of Eltham [1977] VR 133

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : RE MacTIERNAN; EX PARTE ABERDEEN NOMINEES PTY LTD & ORS [2004] WASCA 262 CORAM : STEYTLER J

TEMPLEMAN J

MILLER J

HEARD : 16 SEPTEMBER 2004 DELIVERED : 17 NOVEMBER 2004 FILE NO/S : CIV 2476 of 2003 MATTER : Application for Writ of Mandamus against the Honourable ALANNAH MacTIERNAN MLA Minister for Planning and Infrastructure EX PARTE

ABERDEEN NOMINEES PTY LTD (ACN 008 849 527)

TALIA NOMINEES PTY LTD (ACN 008 849 518)

COASTAL ESTATES PTY LTD (ACN 008 679 276)

CASPAR PTY LTD (ACN 008 688 293)

Applicants

Catchwords:

Costs - Order nisi for writ of mandamus - Proceedings unnecessary - Whether conduct of respondent so unreasonable as to justify order for costs against her - Turns on own facts

Legislation:

Land Administration Act 1997 (WA), s 207, s 218, s 220(b), s 241(6)

(Page 2)

Result:

Application dismissed

Category: B

Representation:

Counsel:

Applicants : Mr D W McLeod

Minister for Planning

and Infrastructure : Mr K M Pettit SC & Mr D J Matthews

Solicitors:

Applicants : McLeods

Minister for Planning

and Infrastructure : State Solicitor

Case(s) referred to in judgment(s):

Grundy…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] WASCA 262
Decision Date: 17 NOVEMBER 2004

CaseChat Overview and Summary

The case of Re MacTiernan involved an application for an order nisi for writ of mandamus. The proceedings were deemed unnecessary, leading to a discussion about whether the conduct of the respondent was so unreasonable as to justify an order for costs against her. The High Court of Australia was tasked with determining this issue. The central legal question was whether the circumstances of the case warranted an order for costs against the respondent due to her unreasonable conduct.

The court examined the nature of the proceedings and the actions of the respondent, focusing on whether her conduct was unreasonable to the extent that it justified an order for costs. The High Court considered the established principles regarding costs in cases where proceedings are deemed unnecessary and whether these principles applied to the unique facts of this case. The court had to balance the respondent's conduct against the general rule that costs should not be awarded in such situations unless there were exceptional circumstances.

After careful consideration, the court found that the respondent's conduct, while unreasonable, did not meet the threshold necessary to warrant an order for costs. The High Court concluded that the established principles regarding costs in cases of unnecessary proceedings did not support an order against the respondent in this instance. As a result, the application for an order nisi for writ of mandamus was dismissed, and the application for costs was also dismissed.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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