State of Queensland v Mantle [1999] FCA 1276

FEDERAL COURT OF AUSTRALIA

State of Queensland v Mantle [1999] FCA 1276 COSTS – appeal against exercise of discretion of Court to refuse to order payment of costs by third parties – where trial judge refused to order that the amount of any shortfall between the amount the trial judge ordered the respondents at first instance to receive by way of costs of and incidental to trial, and the amount met by the securities which had been ordered to be provided by the applicant, be paid by third parties to the litigation – whether exercise of discretion as to costs was so unreasonable or unjust as to require the Court on appeal to substitute its own discretionary order.

Norwest Refrigeration Services Pty Ltd v Bain Dawes (WA) Pty Ltd (1983-84) 157 CLR 149 cited Knight v FP Special Assets Ltd (1992) 174 CLR 178 referred to STATE OF QUEENSLAND & ANOR v GODFREY NORMAN MANTLE & ORS QG 101 of 1998 SPENDER, COOPER & TAMBERLIN JJ 15 SEPTEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 101 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STATE OF QUEENSLAND

First Appellant

SOUTH BANK CORPORATION

Second Appellant

AND: GODFREY NORMAN MANTLE

First Respondent

JENNIFER DEBORAH MANTLE

Second Respondent

JIMMY'S ON THE MALL PTY LTD

Third Respondent

JUDGES: SPENDER, COOPER & TAMBERLIN JJ

DATE OF ORDER: 15 SEPTEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: The appeal is dismissed with costs, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 101 OF 1998