Storry v Business Licensing Authority (No 3)

[2023] FCA 245

FEDERAL COURT OF AUSTRALIA

Storry v Business Licensing Authority (No 3) [2023] FCA 245  

File number:	QUD 343 of 2021
Judgment of:	THOMAS J
Date of judgment:	23 March 2023
Catchwords:	COSTS – whether an order for costs should be made – where respondent, as the successful party, made no application for costs – no order as to costs
Cases cited:	Storry v Business Licensing Authority (No 2) [2023] FCA 102
Division:	General Division
Registry:	Queensland
National Practice Area:	Administrative and Constitutional Law and Human Rights
Number of paragraphs:	5
Date of last submission/s:	27 February 2023
Date of hearing:	Determined on the papers
Counsel for the Applicant:	The Applicant represented herself
Counsel for the First Respondent:	Dr M Sharpe
Solicitor for the First Respondent:	Office of General Counsel - Consumer Affairs Victoria Legal
Counsel for the Second Respondent:	The Second Respondent did not take part in the proceeding

ORDERS

QUD 343 of 2021

BETWEEN:

VENETIA LOUISE STORRY

Applicant

AND:

BUSINESS LICENSING AUTHORITY

First Respondent

OFFICE OF FAIR TRADING (VICTORIA)

Second Respondent

ORDER MADE BY:	THOMAS J
DATE OF ORDER:	23 MARCH 2023

THE COURT ORDERS THAT:

1.There be no order as to costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

THOMAS J:

1. Judgment was handed down in this matter on 16 February 2023 (see Storry v Business Licensing Authority (No 2) [2023] FCA 102). The parties were required to file and serve submissions in relation to costs by 27 February 2023.

2. An order was made that the appeal from the Administrative Appeals Tribunal be dismissed.

3. The successful party, the Business Licensing Authority, indicated, by an email to the Registry on 20 February 2023, that it did not wish to make an application to the Court regarding the issue of costs.

4. Ms Venetia Storry filed submissions and two affidavits on 27 February 2023. Insofar as the submissions were relevant as to the issue now before the Court, that is the question of costs, Ms Storry submitted that no costs should be ordered against her.

5. In those circumstances, the Court will make no order as to costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Thomas.

Associate:       

Dated:       23 March 2023