' 1 fat oO IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G45 of 1983 GENERAL DIVISION ) BETWEEN: TELECASTERS NORTH QUEENSLAND LIMITED Applicant AUSTRALIAN BROADCASTING TRIBUNAL and NORTH QUEENSLAND PORTFOLIO PLY LIMITED Respondent OLD G97 of 1983 BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED Applicant AUSTRALIAN BROADCASTING TRIBUNAL First Respondent CATHARINE WEIGALL Second Respondent JAMES WILKINSON Third Respondent AND: NORTH QUEENSLAND PORTFOLIO PTY LIMITED Fourth Respondent DATE OF HEARING: DATE JUDGMENTS DELIVERED: COUNSEL: . for the applicant - for the Australian Broadcasting Tribunal: - for North Queensland Portfolio Pty Ltd ' 8 DECEMBER 1983 8 DECEMBER 1983 22 NOVEMBER & 8 DECEMBER 1983 Mr Hampson Q.C. with him Mr Russell instructed by Messrs Stephen Jaques Stone James by their Town Agents Messrs Williams and Williams Mr Slattery instructed by Commonwealth Crown Solicitor Mr Nicholas Q.C. with him Mr Sackar instructed by Messrs Baker, Hartley and Co by their Town Agents Messrs Walsh Fitzgerald and Halligan J.L. DAVISON ASSOCIATE TO FITZGERALD J. IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G45 of 1983 GENERAL DIVISTON ) BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED Applicant AND: AUSTRALIAN BROADCASTING TRIBUNAL and NORTH QUEENSLAND PORTFOLIO PTY LIMITED Respondent QLD G97 of 1983 BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED Applicant AND: AUSTRALIAN BROADCASTING TRIBUNAL First Respondent AND: CATHARINE WEIGALL Second Respondent AND: JAMES WILKINSON Third Respondent AND: NORTH QUEENSLAND PORTFOLIO PTY LIMITED Fourth Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 8 DECEMBER 1983 'WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. There be no further order as to costs. IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G45 of 1983 GENERAL DIVISION ) BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED Applicant AND: AUSTRALIAN BROADCASTING TRIBUNAL and NORTH QUEENSLAND PORTFOLIO PLY LIMITED Respondent QLD G97 of 1983 BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED Applicant AND: AUSTRALIAN BROADCASTING TRIBUNAL First Respondent AND: CATHARINE, WEIGALL Second Respondent AND: JAMES WILKINSON Third Respondent AND: NORTH QUEENSLAND PORTFOLIO PTY LIMITED \ Fourth Respondent FITZGERALD J. 8 DECEMBER 1983 EXTEMPORE REASONS FOR JUDGMENT Three applications, Numbers G45, 97 and 99 of 1983, were commenced by Telecasters North Queensland Limited against North Queensland Portfolio Pty Limited and the Australian Broadcasting Tribunal or members of the Tribunal under the Administrative Decisions (Judicial Review) Act. All three applications have now been dismissed, and some orders as to costs have been made, but, with respect to other costs, they were previously reserved. The parties have now made submissions concerning the disposal of those questions of costs. Telecasters and Portfolio are parties in proceedings before the Tribunal. They have been involved in tactical manoeuvres before the Tribunal which have now been settled. Neither side has now maintained or sought to maintain in practice as distinct from its submissions its previous extreme positions. So far as concerns Application G97 the merits are not really discernible from the respective affidavits and limited submissions. The only question as to costs arises as between Telecasters and Portfolio. No costs are asked for by or against the Tribunal. Telecasters does not ask for costs. Portfolio has already been awarded the bulk of the costs by previous order but 'seeks an order against Telecasters for remaining costs. — Application G45 is a little more difficult. The Tribunal is involved. Telecasters ask for costs against either Portfolio or the Tribunal. Although the Tribunal was faced with a difficult situation, it would probably have been better advised to stay its hand to permit the application to be made to the Court. Nonetheless I have little doubt but that the costs should be adjusted between the parties and no order ought be made against the Tribunal which does not ask for costs. Portfolio urged the Tribunal to proceed, at least initially. In the end, after the Court was approached, the skirmish in the Tribunal was temporarily postponed and then the Tribunal adjourned. By today's standards, the costs involved are relatively small and unlikely to be of particular consequence to either Telecasters or Portfolio except by way of providing a degree of satisfaction. Overall, in my opinion, broad justice will best be served by no further order as to costs and the Court orders accordingly. i certify that this andthe & — precze:!ng pages are a true copy of the reasons for judgment herem of His Honour Mr. Justice Fitzgerald DP cceaead L «Dace n Associate Dated "4 Becamter ,7 2,