Reg v Falconer

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Perth No P2 of 1990
B e t w e e n -

THE QUEEN

Applicant

and
MARY SANDRA FALCONER

Respondent

Order for costs

MASON CJ

BRENNAN J

TRANSCRIPT OF PROCEEDINGS

Falconer

13/12/90

AT CANBERRA ON THURSDAY, 13 DECEMBER 1990, AT 2.24 PM

(Continued from 22/11/90)

MASON CJ: Judgment in this matter granting special leave

to appeal, but dismissing the appeal, was handed
down on 22 November. The respondent applied for
costs and was given liberty to make written

~submissions within seven days of the date of

judgment. The appellant was given a further seven
days in which to reply.
Submissions seeking an order for costs have

been received from the respondent. The appellant
has indicated in writing that it does not object to

the making of such an order. The Court is of the
view that there should be an order for costs in

favour of the respondent. The order of the Court
is:
Order that the appellant pay the respondent's

costs of the appeal.

The Court will now adjourn sine die.

AT 2.25 PM THE MATTER WAS ADJOURNED SINE DIE

Falconer

13/12/90

CaseChat Overview and Summary

The High Court of Australia considered an application for costs following its earlier judgment in *Reg v Falconer*. The respondent had applied for costs after the Court granted special leave to appeal but ultimately dismissed the appeal.

The central legal issue before the Court was whether to grant an order for costs in favour of the respondent, given the outcome of the appeal.

The Court reasoned that an order for costs was appropriate. The respondent had made written submissions seeking costs, and the appellant had indicated in writing that it did not object to such an order. Consequently, the Court ordered that the appellant pay the respondent's costs.

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