Cooper v Human Rights & Equal Opportunity Commission [1999] FCA 813

FEDERAL COURT OF AUSTRALIA

Cooper v Human Rights & Equal Opportunity Commission [1999] FCA 813 COSTS - application for costs to be awarded in exception to the rule that costs ought to follow the event Disability Discrimination Act (Cth)1992, s 122

COOPER v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR NG 582 OF 1998 MADGWICK J 18 JUNE 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY NG 582 OF 1998

BETWEEN: IAN COOPER

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

COFFS HARBOUR COUNCIL

Second Respondent

JUDGE: MADGWICK J

DATE OF ORDER: 18 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The second respondent is to pay the applicant's costs.

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY NG 582 OF 1998

BETWEEN: IAN COOPER

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

COFFS HARBOUR COUNCIL

Second Respondent

JUDGE: MADGWICK J

DATE: 18 JUNE 1999

PLACE: SYDNEY

REASONS FOR ORDER

MADGWICK J

1 On 4 March 1999 I handed down my reasons for decision in this matter. I held that the application was successful because the first respondent, the Human Rights and Equal Opportunity Commission ("HREOC") had erred in law. Consequently, I ordered that the matter be remitted to HREOC for determination according to law. The only issue now to be determined is one of costs. 2 It is submitted by the second respondent, the Coffs Harbour Council ("the Council"), that in order to do justice to the parties in this matter the Court, under its broad discretion to award costs, pursuant to s 43 of the Federal Court Act 1976 (Cth), ought to order HREOC to pay the applicant's costs or in the alternative make no order as to costs. 3 It is trite to state that in the absence of special circumstances costs ought to follow the event – Ritter v Godfrey (1920) 2 KB 47, Othman v Minister for Immigration and Ethnic Affairs [1995] FCA 326.