North Australian Aboriginal Legal Aid Service Inc v Hugh Burton Bradley (No 2) [2002] FCA 564

FEDERAL COURT OF AUSTRALIA

North Australian Aboriginal Legal Aid Service Inc v Hugh Burton Bradley

(No 2) [2002] FCA 564 COSTS – applicant unsuccessful in challenge to validity of first respondent's appointment as Chief Magistrate – notwithstanding applicant's failure, it seeks costs against respondents, and on indemnity basis – whether respondents provoked applicant into instituting or continuing proceeding – applicant seeks to lead further evidence – applicant alternatively seeks costs in relation to those issues upon which it succeeded – applicant alternatively contends that proceedings "public interest litigation" and that there be no order for costs – applicant alternatively contends that first respondent not entitled to costs by reason of his having been indemnified by second respondent Federal Court of Australia Act 1976 (Cth) s 43(2) North Australian Aboriginal Legal Aid Inc v Bradley [2001] FCA 1728 referred to Donald Campbell & Co Ltd v Pollak [1927] AC 732 at 811-812 cited Ritter v Godfrey [1920] 2 KB 47 referred to Davey v Bullock (1891) 17 VLR 3 referred to Merrett v Schuster [1920] 2 Ch 240 referred to Bostock v Ramsey Urban Council [1900] 2 QB 616 referred to Cummings v Lewis (unreported, Federal Court of Australia, 29 May 1992, Wilcox J) cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 35-36 referred to Jones v Dunkel (1959) 101 CLR 298 referred to Commercial Union Assurance of Australia v Ferrcom Pty Ltd (1991) 22 NSWLR 389 at 418 referred to Cretazzo v Lombardi (1975) 13 SASR 4 at 12 referred to Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 referred to Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (1987) 17 FCR 211 at 222 referred to Ruddock v Vadarlis [2001] FCA 1865 at [11] and [13] applied Oshlack v Richmond River Council (1998) 193 CLR 72 applied Hollier v Australian Maritime Safety Authority (No 2) [1998] FCA 975 referred to South-West Forest Defence Foundation Inc v Executive Director, Department of Conservation and Land Management [No 2] (1998) 72 ALJR 1008 referred to Buddhist Society of Western Australia (Inc) v Shire of Serpentine-Jarrahdale [1999] WASCA 55 at [11] referred to Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 referred to Latoudis v Casey (1990) 170 CLR 534 referred to Cilli v Abbott (1981) 53 FLR 108 referred to N Williams, Supreme Court Civil Procedure, Victoria, 1986 at 326