O'Neill v Mann [2000] FCA 1680

FEDERAL COURT OF AUSTRALIA

O'Neill v Mann [2000] FCA 1680

PRACTICE AND PROCEDURE – application for leave to discontinue proceedings – conditional terms on grant of leave – no evidence of reasons for discontinuance provided – discontinuing party purported to have costs award arising from interlocutory determination of separate question – conditional term imposed - whether any order as to costs appropriate in circumstances Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O22 r 2 & 3, O62 r 3 & 26 O'Neill v Mann (1994) 54 FCR 212 referred to O'Neill v Mann [2000] FCA 1180 referred to O'Neill v Mann (1994) 49 FCR 370 referred to Mann v O'Neill (1997) 191 CLR 204 referred to Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876 referred to SCI Operations Pty Ltd v Trade Practices Commission (1984) 53 ALR 283 referred to Young, Austen & Young v British Medical Association [1977] 1 WLR 881 referred to Ahmed v Minister for Immigration and Multicultural Affairs [2000] FCA 1436 referred to Mineralogy Pty Ltd v National Native Title Tribunal (Full Court of the Federal Court, 23 December 1998, unreported) referred to Grundy v Lewis (Cooper J, 28 May 1998, unreported) referred to Re Wilcox; Ex Parte Venture Industries Pty Ltd (1996) 141 ALR 727 referred to Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex Parte Qin (1997) 186 CLR 622 referred to Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 referred to Malouf v Malouf (1999) 167 ALR 383 referred to Stack v Brisbane City Council (1996) 71 FCR 523 referred to Newcomen v Coulson (1876) 7 Ch D 764 referred to J T Stratford Ltd v Lindley [1969] 1 WLR 1547 referred to JAMES JOSEPH O'NEILL v ARNOLD MANN ACT G15 of 1994, ACT G29 of 1994 FINN J 29 NOVEMBER 2000 SYDNEY (HEARD IN CANBERRA)