Shahid v Australasian College of Dermatologists (No 2) [2008] FCAFC 98

FEDERAL COURT OF AUSTRALIA

Shahid v Australasian College of Dermatologists (No 2) [2008] FCAFC 98 KIRAN RUBINA SHAHID v AUSTRALASIAN COLLEGE OF DERMATOLOGISTS

WAD 113 OF 2007

BRANSON, STONE AND JESSUP JJ

4 JUNE 2008

MELBOURNE (HEARD IN PERTH) IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 113 OF 2007

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

BETWEEN: KIRAN RUBINA SHAHID

Appellant

AND: AUSTRALASIAN COLLEGE OF DERMATOLOGISTS

Respondent

JUDGES: BRANSON, STONE AND JESSUP JJ DATE OF ORDER: 4 JUNE 2008

WHERE MADE: MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT:

1. Order 3 made on 9 May 2008 be varied by substituting the sum of $16,770.80 for the sum of $15,384.92. 2. The respondent pay the appellant interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the amount of $5,913.83. 3. Order 6 made on 9 May 2008 be set aside. 4. The respondent pay one half of the appellant's costs – (a) not including interlocutory costs already ordered to be paid to a particular party, (b) including reserved costs and costs not previously dealt with, of the proceeding under appeal. 5. The costs to which the appellant is entitled not be reduced pursuant to O 62 r 36A of the Federal Court Rules. 6. The respondent be entitled to set off, to the extent necessary, its entitlement to interlocutory costs already ordered to be paid to it, if any, first against its obligation to pay the costs of the appellant and secondly against its obligation to pay damages to the appellant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 113 OF 2007

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

BETWEEN: KIRAN RUBINA SHAHID