Purvis v Dairy Adjustment Authority (No 2) [2006] FCAFC 38

FEDERAL COURT OF AUSTRALIA

Purvis v Dairy Adjustment Authority (No 2) [2006] FCAFC 38 COSTS – unnecessary appeal papers – obligation to cooperate in the preparation of appeal index so as to avoid unnecessary costs Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Federal Court Rules O 52 r 28, O 53 r 16 RONALD PURVIS, KAYLENE PURVIS & ROGER CLARK v DAIRY ADJUSTMENT AUTHORITY No SAD 77 of 2005 BLACK CJ, BRANSON & FINN JJ ADELAIDE 22 MARCH 2006

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 77 of 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: RONALD PURVIS

FIRST APPLICANT

KAYLENE PURVIS

SECOND APPLICANT

ROGER CLARK

THIRD APPLICANT

AND: DAIRY ADJUSTMENT AUTHORITY

RESPONDENT

JUDGES: BLACK CJ, BRANSON & FINN JJ DATE OF ORDER: 22 MARCH 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The respondent pay to the applicants 50 per cent of the costs of the preparation of the appeal papers. 2. Subject to order 1 hereof, the applicants pay the respondent's costs of the application other than the respondent's costs of and incidental to its notice of contention. 3. The costs ordered to be paid by order 1 hereof be set off against the costs ordered to be paid by order 2 hereof. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 77 of 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: RONALD PURVIS

FIRST APPLICANT

KAYLENE PURVIS

SECOND APPLICANT

ROGER CLARK

THIRD APPLICANT

AND: DAIRY ADJUSTMENT AUTHORITY

RESPONDENT

JUDGES: BLACK CJ, BRANSON & FINN JJ