THE COURT ORDERS:

1.         The respondent pay to the applicant two thirds of the costs of and incidental to the application, including reserved costs if any, to be taxed if not agreed.

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

REASONS FOR JUDGMENT

As to the question of costs, the ordinary rule is that costs should follow the event.  The applicant has been successful in the application.  It is however possible where it is appropriate so to do for an order to be made derogating in whole or in part from the order generally made.  In this particular case the applicant has succeeded on one of the grounds which while covered in the submissions which had previously been prepared was not in fact covered by the application or by the grounds on which it was originally said to be supported.

In respect of the other grounds, which were voluminous, or which called for the consideration of a great volume of material, the applicant was unsuccessful.  In all the circumstances it seems to me to be a case where I ought properly to recognise that there has been some failure on the part of the applicant in the case which it brought and to reflect that failure by the making of an order which grants to him less than the full costs he would get by application of the general rule.

By way of costs I order that the respondent pay to the applicant two-thirds of the costs of and incidental to the application, including reserved costs if any, those costs to be taxed if not agreed.

Associate:

Dated:              12/10/98