Mees v Roads Corporation [2003] FCA 410

FEDERAL COURT OF AUSTRALIA

Mees v Roads Corporation [2003] FCA 410 PRACTICE AND PROCEDURE – declaration – power of Court to grant declaration of right – utility of making declaration – declaration sought for purpose of clarifying reasons for judgment PRACTICE AND PROCEDURE – costs – proper order – proceeding dismissed but applicant successful on substantial issue – respondents unsuccessful at interlocutory stage in resisting order for discovery of documents – letters offering to forego costs if applicant capitulated – whether Calderbank offers – offer after determination of substantive issue but before final orders – whether unreasonable of applicant to refuse – whether litigant's public representations concerning prior reasons for judgment relevant to determination of question of costs Federal Court of Australia Act 1976 (Cth) s 21 Warramunda Village Inc v Pryde [2001] FCA 61 (2001) 105 FCR 437 at [8] – applied Calderbank v Calderbank [1976] Fam 93 – considered Oshlack v Richmond River Council [1998] HCA 11 (1998) 193 CLR 72 – cited PAUL ANDREW MEES v ROADS CORPORATION, PETER BATCHELOR AND STATE OF VICTORIA V 1135 of 2001 GRAY J 23 APRIL 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1135 of 2001

BETWEEN: PAUL ANDREW MEES

APPLICANT

AND: ROADS CORPORATION

FIRST RESPONDENT

PETER BATCHELOR

SECOND RESPONDENT

STATE OF VICTORIA

THIRD RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 23 APRIL 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs of the proceeding on and after 17 April 2003. 3. Otherwise, there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.