Fuller, Donald v Minister for Primary Industries & Energy & Anor [1998] FCA 769

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 46 of 1997

BETWEEN: DONALD FULLER

Applicant

AND: MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

First Respondent

NATIONAL REGISTRATION AUTHORITY

Second Respondent

JUDGE: FRENCH J

DATE OF ORDER: 2 JULY 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant pay the first and second respondents' costs of the motion filed on 1 April 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 46 of 1997

BETWEEN: DONALD FULLER

Applicant

AND: MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

First Respondent

NATIONAL REGISTRATION AUTHORITY

Second Respondent

JUDGE: FRENCH J

DATE: 2 JULY 1998

PLACE: PERTH

RULING ON COSTS On 15 April 1998, I dismissed a motion filed by Mr Fuller on 1 April in which he sought an order for costs made on 7 August 1997 be stayed pending determination of an appeal and related proceedings including proceedings in the High Court of Australia. The motion came on before me on 6 April. I heard argument and directed the filing of answering affidavits and written submissions. I invited submissions from the parties as to the costs of the motion. Both the Minister and the National Registration Authority were served with Mr Fuller's motion and both appeared by counsel on its return. Having read Mr Fuller's short submission and a submission from the National Registration Authority, I am of the opinion that the costs should follow the event and that the applicant should pay the first and second respondents' costs of the motion. I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of the Honourable Justice French