The Guide Dog Owners' & Friends' Association Inc v Guide Dog Association of New South Wales & ACT [1998] FCA 827

FEDERAL COURT OF AUSTRALIA COSTS – proceedings involving charitable organisations – whether public interest litigation – whether circumstances are such that no costs order should be made.

COSTS - indemnity costs – Calderbank letter – whether indemnity costs should be ordered where Calderbank offer refused. Federal Court of Australia Act 1976 (Cth), s 43. Fasold v Roberts (No 2) (FCA/Sackville J, 11 September 1997, unreported), cited. John S Hayes & Associates Pty Ltd v Kimberly-Clark Australia Pty Ltd (1994) 52 FCR 201 (Hill J), followed. MGICA (1992) Ltd v Kenny & Good Pty Ltd (No 4) (1996) 70 FCR 236 (Lindgren J), followed. Oshlack v Richmond River Council (1998) 152 ALR 83 (H Ct), cited. THE GUIDE DOG OWNERS' AND FRIENDS' ASSOCIATION INC V GUIDE DOG ASSOCIATION OF NEW SOUTH WALES AND ACT AND ROYAL GUIDE DOGS ASSOCIATIONS OF AUSTRALIA NG 948 OF 1996 SACKVILLE J SYDNEY

17 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 948 of 1996

BETWEEN: THE GUIDE DOG OWNERS' AND FRIENDS' ASSOCIATION INC

Applicant

AND: GUIDE DOG ASSOCIATION OF NEW SOUTH WALES AND ACT

First Respondent

ROYAL GUIDE DOGS ASSOCIATIONS OF AUSTRALIA

Second Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 17 JULY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The order of the Court made on 3 July 1998, staying Order 2 of the orders made on 26 June 1998, be discharged. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 948 of 1996

BETWEEN: THE GUIDE DOG OWNERS' & FRIENDS' ASSOCIATION INC

Applicant

AND: GUIDE DOG ASSOCIATION OF NEW SOUTH WALES & ACT

FIRST Respondent