FEDERAL COURT OF AUSTRALIA

Phong v Attorney-General for the Commonwealth [2001] FCA 1554

COSTS  - whether costs should follow the event

KEN HA KHANH PHONG v ATTORNEY-GENERAL FOR THE COMMONWEALTH, COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS, COMMONWEALTH OF AUSTRALIA AND GROUP 4 CORRECTION SERVICES PTY LTD

V 737 OF 2001

BLACK CJ, BEAUMONT AND HELY JJ

7 NOVEMBER 2001

MELBOURNE

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

THE COURT ORDERS THAT:

1.      The appellant pay the respondents' costs of the appeal.

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

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

REASONS FOR JUDGMENT

THE COURT:

1                     The Court has considered the submissions of the parties on the question of costs and has concluded that there is no reason to depart from the usual rule that costs should follow the event.

2                     There is no substance in the argument that because the proceedings are in some way related to “criminal proceedings” the rules about costs applicable to criminal trials should be applied to them.

3                     Moreover, the respondents have at all times been prepared to meet the appellant’s arguments in the appropriate forum so as to avoid a fragmentation of the criminal proceedings.

4                     For these reasons, we order that the appellant pay the respondents' costs of the appeal. We see no reason to disturb the order of Marshall J to the same effect at first instance.

Associate:

Dated:              7 November 2001