FEDERAL COURT OF AUSTRALIA
Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 5) [2011] FCA 1187
IN THE FEDERAL COURT OF AUSTRALIA | |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The applicants pay the respondents’ costs of, and incidental to, the proceeding (including reserved costs); and, in default of agreement, costs be taxed on a party and party basis.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
VICTORIA DISTRICT REGISTRY | |
GENERAL DIVISION | VID 255 of 2010 |
BETWEEN: | POLAR AVIATION PTY LTD (ACN 007 986 834) First Applicant CLARK ANDREW BUTSON Second Applicant |
AND: | CIVIL AVIATION SAFETY AUTHORITY First Respondent TERENCE FARQUHARSON Second Respondent GARRY PRESNEILL Third Respondent ROBERT COLLINS Fourth Respondent JIM MARCOLIN Fifth Respondent PETER JOHN Sixth Respondent ALAN COOK Seventh Respondent |
JUDGE: | KENNY J |
DATE: | 20 OCTOBER 2011 |
PLACE: | MELBOURNE |
REASONS FOR JUDGMENT
1 On 30 September 2011, the Court made orders striking out the applicants’ further amended statement of claim dated 29 September 2010 and dismissing the applicants’ application dated 12 April 2010 pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) (“the Act”). At the same time, the Court made orders allowing the parties to file submissions as to costs.
2 For the reasons briefly stated below, I would accept the respondents’ submission that the applicants should pay the respondents’ costs of the proceeding.
3 The respondents filed short submissions, which lead the applicants to state that they “make no submission in opposition”.
4 The question of costs is governed by s 43 of the Act. This confers a broad discretionary power on the Court to award costs. In exercising this discretion, the Court is ordinarily guided by the rule that costs follow the event. This means that a successful litigant receives costs in the absence of circumstances justifying some other order: see Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at 235 and Seven Network Ltd v News Ltd (2009) 182 FCR 160 at 403 [1100]-[1101]. No party proposed any such circumstances, and no such circumstances otherwise appear. Usually costs are ordered on a party and party basis; and no other basis is propounded for this case.
5 Accordingly, I would order that the applicants pay the respondents’ costs of, and incidental to, the proceeding.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Kenny. |
Associate:
