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:
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.
An order was made that the appeal from the Administrative Appeals Tribunal be dismissed.
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.
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.
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
- AGLC
- Storry v Business Licensing Authority (No 3) [2023] FCA 245
- Case
- [2023] FCA 245
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether it was appropriate to make an order for costs in favour of the respondent, despite the absence of an application from the respondent for such an order. This raised questions about the court's discretion in ordering costs and the procedural obligations of parties when seeking costs in the context of the Federal Court Rules 2011.
The court considered the relevant provisions of the Federal Court Rules 2011 and the principle that costs should generally follow the event. It was noted that the respondent had not made an application for costs, which is typically a prerequisite for such an order. The court held that, in the absence of an application, it was not appropriate to make an order for costs in favour of the respondent. The court exercised its discretion and determined that there should be no order as to costs. The reasoning was based on the procedural requirements set out in the Federal Court Rules 2011 and the lack of a formal application for costs from the successful party.
Orders
Orders of the court
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.
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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