Harriss, Robert William & Anor v Fluid Energy Systems Pty Ltd [1995] FCA 860

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 139 of 1995 ) GENERAL DIVISION ) ROBERT WILLIAM HARRISS Applicant NAVETRON PTY LIMITED Second Applicant FLUID ENERGY SYSTEMS PTY LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 31 July 1995 REASONS FOR JUDGMENT (Ex Tempore) By notice of motion filed in court this morning the applicants seek the following orders: "1. A new hearing date be assigned to these proceedings, with expedition. 2. The Applicants be granted leave to approach the Registrar forthwith to obtain a new expedited hearing date. 3. Pursuant to Section 10 of the Federal Proceedings (Costs) Act, 1981 that the Applicants be granted a Costs Certificate stating "that in the opinion of the Court it would be appropriate for the Commonwealth Attorney-General to authorise payment under the Federal Proceedings (Costs) Act 1981 to the Applicants in respect of such part as the Attorney General considers appropriate of any costs incurred by the Applicants in relation to these proceedings."

Section 10 of the Federal Proceedings (Costs) Act 1981 ("the Act") provides: " (1) This section applies to the High Court, the Federal Court, the Family Court and a court of a Territory. (2) Subject to this Act, where any proceedings in a court to which this section applies are rendered abortive by reason that the person or a person before whom the proceedings are being conducted dies, resigns, or is removed or dismissed from, his office, suffers a protracted illness or otherwise becomes unable to continue with, or to give judgment in, the proceedings, the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings. (3) Subject to this Act, where: (a) the hearing of any proceedings in a court to which this section applies is discontinued and a new hearing is ordered; and (b) the discontinuance and new hearing are not attributable to the neglect, default or improper act of any party to the proceedings; the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings. (4) The certificate that may be granted under sub-section (2) or (3) by a court to a party to proceedings that have been rendered abortive or the hearing of which has been discontinued, as the case may be, is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney-General to authorize a payment under this Act to that party in respect of such part as the Attorney-General considers appropriate of any costs incurred by that party in relation to those proceedings. (5) A reference in this section to proceedings in a court includes a reference to proceedings by way of an appeal to that court."