Australian Defence Credit Union v Registrar of Co-operative Societies [1987] FCA 775

JHIDGMENT No. 7797 S37.

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G422 of 1987 ) )

GENERAL DIVISION

BETWEEN: AUSTRALIAN DEFENCE CREDIT UNION

Applicant

AND: REGISTRAR OF CO-OPERATIVE SOCIETIES Respondent

CORAM: Davies J. DATE: 3 December 1987 PLACE: Sydney

REASONS FOR JUDGMENT

This matter has arisen because the parties are now content that the proceedings should not continue, and as a result they have sought to bring the proceedings to an end, which 1s a sensible course. However, the applicant seeks an order as to

costs.

Costs are in the discretion of the Court and the Court May make an order for costs against even a successful respondent.

But there must be good ground for that. See for example

Gladstone Park Shopping Centre Pty Ltd v. Wills & Ors (1984) 6 LR 496 at 504-5.

2.

Mr M.B. Smith, counsel for the applicant, relied on the history of this matter and sought to show that the new decision which was made on 17 November 1987, and which granted in effect what the applicant had sought to achieve - that is to say an unrestricted right to trade throughout the Australian Capital Territory - demonstrated an acceptance by the respondent of the applicant's case, and was brought about solely because of the

present proceedings.

It does not seem to me that that contention has been established. In his letter communicating the new decision the Registrar referred to changed circumstances, and S. Kavallaris who appears for the respondent, has referred to two of such circumstances: (1) that a competitive credit union has merged with a Victorian union and become based in Victoria; and (2) that

a credit union in the Australian Capital Territory has failed.

Accordingly, there were changed circumstances, and it appears that it has not been established that the Registrar did