Ashby v Slipper (No 3) [2015] FCAFC 9

FEDERAL COURT OF AUSTRALIA

Ashby v Slipper (No 3) [2015] FCAFC 9 Citation: Ashby v Slipper (No 3) [2015] FCAFC 9

Appeal from: Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411 Parties: JAMES HUNTER ASHBY v PETER SLIPPER

File number: NSD 22 of 2013

Judge: MANSFIELD, SIOPIS & GILMOUR JJ

Date of judgment: 9 February 2015

Catchwords: COSTS – whether respondent who settles a claim by an applicant against it is thereafter vulnerable to a costs order as a "non-party" where (it is asserted by the successful applicant) the remaining respondent is unable to meet the costs order COSTS – whether the successful applicant has established an entitlement to costs against a non-party – where the non-party is not shown to have directly or indirectly supported the respondent's conduct of the proceeding – where the non-party had settled the related claim against it including on the basis that there be no liability for costs – application for costs against non-party refused

Legislation: Members of Parliament (Staff) Act 1984 (Cth) Fair Work Act 2009 (Cth) Federal Court Rules 2011 (Cth) Parliamentary Entitlements Regulations 1999 (Cth) Financial Management and Accountability Act 1997 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Ashby v Commonwealth (No 4) (2012) 209 FCR 65 Ashby v Slipper (2014) 219 FCR 322 Ashby v Slipper (No 2) [2014] FCAFC 67 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 United Group Resources Pty Ltd v Calabro (No 5) (2011) 198 FCR 514 Ashby v Slipper [2014] FCA 973 Knight v FP Special Assets Ltd (1992) 174 CLR 178 at [34] (Knight), and in Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) [2012] FCAFC 50 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Yirra Pty Ltd v Summerton [2009] FCAFC 50