Fischer, Thomas v Commonwealth of Australia [1997] FCA 1029

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - costs - where successful respondent failed to make an application for costs at the time of delivery of judgment - whether appropriate to relist the proceeding for argument on costs - whether discretion to correct accidental slip should be exercised. COSTS - whether unsuccessful applicant engaged in public interest litigation. Federal Court Rules, O 62 r 3(1), O 35 r 7(3) Administrative Decisions (Judicial Review) Act 1977 (Cth), s11.

Telescourt v Commonwealth (1991) 29 FCR 227 cited Kent v Cavanagh (1973) 1 ACTR 43 distinguished. Arnold v Queensland (1987) 73 ALR 607 distinguished. Fischer v PSS Board (Full Federal Court, 29 May 1997, unreported) distinguished. L Shaddock & Associates Pty Ltd v Parramatta City Council [No 2] (1982) 151 CLR 590 cited. Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 cited. Qantas Airways v Cameron (Full Federal Court, 14 August 1996, unreported) cited. Symes v Commonwealth (1987) 89 FLR 356 cited.

THOMAS FISCHER v COMMONWEALTH OF AUSTRALIA

NG 299 of 1997

BRANSON J

SYDNEY 25 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 299 of 1997

BETWEEN: THOMAS FISCHER

Applicant

AND: COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 26 september 1997

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

The order of 11 August 1997 in this matter be corrected by deleting paragraph 3 thereof and including in lieu thereof an order that the applicant pay the respondent's costs of the proceeding other than the costs of and incidental to the attendances before the Court on 16 and 26 September 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA