Chief Executive Centrelink v The Aboriginal Community Benefit Fund Pty Ltd (No 2) [2016] FCAFC 165

FEDERAL COURT OF AUSTRALIA

Chief Executive Centrelink v The Aboriginal Community Benefit Fund Pty Ltd (No 2) [2016] FCAFC 165 Appeal from: Aboriginal Community Benefit Fund Pty Ltd v Chief Executive Centrelink [2016] FCA 769

File number: QUD 533 of 2016

Judges: PERRAM, GRIFFITHS AND MORTIMER JJ

Date of judgment: 2 December 2016

Catchwords: COSTS – costs where case pursued on appeal not substantively pursued at trial

Date of hearing: 22 September 2016

Date of last submissions: 25 November 2016

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 2

Counsel for the Appellant: Mr T Howe QC with Mr G Del Villar

Solicitor for the Appellant: Allens

Counsel for the Respondents: Mr S Doyle QC with Mr M Black

Solicitor for the Respondents: Small Myers Hughes

ORDERS QUD 533 of 2016

BETWEEN: CHIEF EXECUTIVE CENTRELINK Appellant

AND: THE ABORIGINAL COMMUNITY BENEFIT FUND PTY LTD First Respondent

ACBF FUNERAL PLANS PTY LTD Second Respondent

ACBF FUNERAL PLANS AUSTRALIA PTY LTD Third Respondent

JUDGES: PERRAM, GRIFFITHS AND MORTIMER JJ DATE OF ORDER: 2 DECEMBER 2016

THE COURT ORDERS THAT:

1. Set aside orders 1 - 4 made in the Court below on 30 June 2016 and in lieu thereof order that: 1. The Application be dismissed. 2. The Applicants pay the Respondent's costs of the trial as taxed or agreed. 2. Each party bear their own costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.