FEDERAL COURT OF AUSTRALIA
Australian Postal Corporation v Johnston (No. 2) [2007] FCA 546
ADMINISTRATIVE LAW – disposition of the question of reserved costs arising out of judgment in Australian Postal Corporation v Johnston [2007] FCA 386
AUSTRALIAN POSTAL CORPORATION v ALAN JOHNSTON
QUD113 OF 2006
GREENWOOD J
17 APRIL 2007
BRISBANE
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD113 OF 2006 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER |
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BETWEEN: |
AUSTRALIAN POSTAL CORPORATION Applicant
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AND: |
ALAN JOHNSTON Respondent
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GREENWOOD J |
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DATE OF ORDER: |
17 APRIL 2007 |
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WHERE MADE: |
BRISBANE |
THE COURT ORDERS THAT:
1. That each party to the proceeding shall bear its own costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD113 OF 2006 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER |
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BETWEEN: |
AUSTRALIAN POSTAL CORPORATION Applicant
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AND: |
ALAN JOHNSTON Respondent
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JUDGE: |
GREENWOOD J |
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DATE: |
17 APRIl 2007 |
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PLACE: |
BRISBANE |
REASONS FOR JUDGMENT
1 On 26 March 2007 the court delivered judgment in Australian Postal Corporation v Johnston [2007] FCA 386 and reserved the question of the costs of the appeal by way of an application pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 with submissions to be received in relation to the disposition of the costs by Monday 2 April 2007. The court allowed the appeal, set aside the decision of the Administrative Appeals Tribunal and affirmed the decision under review. The applicant has filed submissions with the court and does not seek an order that the respondent pay its costs of the appeal. Accordingly, with a view to dealing with the reserved costs, the court orders that each party shall bear its own costs of the proceeding.
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I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. |
Associate:
Dated: 17 April 2007
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Counsel for the Applicant: |
Mr Hanks QC |
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Solicitor for the Applicant: |
FOI Solutions, Mr Batskos, Solicitor |
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Counsel for the Respondent: |
Mr Anderson |
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Solicitor for the Respondent: |
Self-Represented |
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Date of Hearing: |
19 March 2007 |
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Date of Further Submissions: |
2 April 2007 |
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Date of Judgment: |
17 April 2007 |
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