Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Postal Corporation v Harris [2000] FCA 1252
COSTS – application to vary costs order – whether submissions on costs should have been made at the substantive hearing of the matter – costs certificate under Federal Proceedings (Costs) Act 1981 (Cth) s 6 – where appellant succeeded on a question of law – where error of law arose through no fault of respondent – discretion of Attorney-General to act on costs certificate – whether respondent is a person being sued "on behalf of" the Commonwealth WORDS AND PHRASES – "on behalf of the Commonwealth"
Federal Proceedings (Costs) Act 1981 (Cth) ss 6, 7, 14(1)(d), 16, 17, 18 Australian Postal Corporation Act 1989 (Cth) s 90A
Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 referred to De L v Director General of NSW Department of Community Services (1997) 190 CLR 207 applied Hanave Pty Ltd v LFOT Pty Ltd [1999] FCA 572 applied Preston Erection Pty Ltd v Speedy Gantry Hire Pty Ltd [1999] FCA 122 applied Minister for Human Services and Health v Haddad (No 2) (1995) 22 AAR 328 applied R v Portus; Ex parte Federated Clerks Union of Australia (1949) 79 CLR 428 referred to R v Toohey; Ex parte Attorney-General (Northern Territory) (1980) 145 CLR 374 at 386 referred to Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1987) 162 CLR 153 referred to AUSTRALIAN POSTAL CORPORATION v IAN HYLTON HARRIS N 54 OF 2000 MOORE J 6 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 54 OF 2000
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: AUSTRALIAN POSTAL CORPORATION
APPLICANT
AND: IAN HYLTON HARRIS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 6 SEPTEMBER 2000
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