IN THE FEDERAL COURT OF AUSTRALIA

 

WESTERN AUSTRALIA DISTRICT REGISTRY

WAG 46  of   1997

 

BETWEEN:

DONALD FULLER

 

Applicant

 

 

AND:

MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

 

First Respondent

 

 

NATIONAL REGISTRATION AUTHORITY

 

Second Respondent

 

 

JUDGE:

FRENCH J

DATE OF ORDER:

2 JULY 1998

WHERE MADE:

PERTH

 

THE COURT ORDERS THAT:

 

1.         The applicant pay the first and second respondents’ costs of the motion filed

            on 1 April 1997.


Note:                Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.



IN THE FEDERAL COURT OF AUSTRALIA

 

WESTERN AUSTRALIA DISTRICT REGISTRY

 WAG 46 of 1997

 

BETWEEN:

DONALD FULLER

 

Applicant

 

 

AND:

MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

 

First Respondent

 

 

NATIONAL REGISTRATION AUTHORITY

 

Second Respondent

 

 

 

JUDGE:

FRENCH J

DATE:

2 JULY 1998

PLACE:

PERTH


RULING ON COSTS


On 15 April 1998, I dismissed a motion filed by Mr Fuller on 1 April in which he sought an order for costs made on 7 August 1997 be stayed pending determination of an appeal and related proceedings including proceedings in the High Court of Australia.  The motion came on before me on 6 April.  I heard argument and directed the filing of answering affidavits and written submissions.  I invited submissions from the parties as to the costs of the motion.  Both the Minister and the National Registration Authority were served with Mr Fuller’s motion and both appeared by counsel on its return.  Having read Mr Fuller’s short submission and a submission from the National Registration Authority, I am of the opinion that the costs
should follow the event and that the applicant should pay the first and second respondents’ costs of the motion.

 


I certify that this and the preceding  page are a true copy of the Reasons for Judgment herein of the Honourable Justice French



Associate:


Dated:              2 July 1998



Counsel for the Applicant:

Mr D. Fuller appeared in person.





Counsel for the First Respondent:

Ms J.J. Lord



Solicitor for the First Respondent:

Australian Government Solicitor


Counsel for the Second

Respondent:


Solicitor for the Second


Mr D.J. Bishop



Clayton Utz



Date of Hearing:

6 April 1998



Date of Judgment:

2 July 1998