Health Insurance Commission v Grey [2002] FCAFC 283

FEDERAL COURT OF AUSTRALIA

Health Insurance Commission v Grey [2002] FCAFC 283

COSTS – whether ordinary rule that costs follow the event should apply.

THE HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES (as Director of Professional Services Review), CHING TSIANG (as Chairperson of Professional Services Review Committee No 126), JOHN GARNER (as a Member of Professional Services Review Committee No 126), BRUCE INGRAM (as a Member of Professional Services Committee No 126) AND LOUISE MORAUTA (as the Determining Officer) v JOHN HOWARD GREY

V1112 OF 2001

BEAUMONT, SUNDBERG & ALLSOP JJ

6 SEPTEMBER 2002

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1112 OF 2001

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

BETWEEN: THE HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES (as Director of Professional Services Review), CHING TSIANG (as Chairperson of Professional Services Review Committee No 126), JOHN GARNER (as a Member of Professional Services Review Committee No 126), BRUCE INGRAM (as a Member of Professional Services Committee No 126) AND LOUISE MORAUTA (as the Determining Officer)

APPELLANTS

AND: JOHN HOWARD GREY

RESPONDENT

JUDGES: BEAUMONT, SUNDBERG & ALLSOP JJ

DATE OF ORDER: 6 SEPTEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appellants' costs of the appeal, the cross-appeal, and of the proceedings at first instance (including its costs of the issue and hearing of the Notice of Motion filed on 19 April 2001) be paid by the respondent. 2. The respondent should have a Costs Certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

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

IN THE FEDERAL COURT OF AUSTRALIA