Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fetherson v Peninsula Health (No. 2) [2004] FCA 594 COSTS – whether case under Disability Discrimination Act a no costs matter – exercise of judicial discretion – whether public interest factors weighed against order of costs in favour of successful respondents – High Court decision handed down after proceeding commenced – whether public interest factors applicable – conduct of respondents – costs of excessive photocopying
Disability Discrimination Act 1992 (Cth)
Fetherston v Peninsula Health [2004] FCA 485 cited Purvis v New South Wales (Department of Education and Training) (2004) 78 ALJR 1 discussed Tadawan v State of South [2001] FMCA 25 at [62] not followed Ball v Morgan [2001] FMCA 127 at [83] applied Physical Disability Council of New South Wales v Sydney City Council [1999] FCA 815 applied Tate v Rafin [2000] FCA 1582 at [71] applied Milne v Attorney-General (Tas) (1956) 95 CLR 460 at 477 applied Latudis v Casey (1990) 170 CLR 534 at 557 applied Ruddock v Vadarlis (No.2) (2001) 115 FCR 229 distinguished Purvis v New South Wales Department of Education and Training (2002) 117 FCR 237 cited
DR GRAHAM JOHN FETHERSTON V PENINSULA HEALTH & ORS (No 2)
NO. V 391 OF 2002
HEEREY J
11 MAY 2004
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V391 OF 2002
BETWEEN: DR GRAHAM JOHN FETHERSTON
APPLICANT
AND: PENINSULA HEALTH
FIRST RESPONDENT
DR JOHN BOTHA
SECOND RESPONDENT
ASSOCIATE PROFESSOR DAVID LANGTON
THIRD RESPONDENT
DR PETER BRADFORD
FOURTH RESPONDENT
MR MICHAEL DAWSON-SMITH
FIFTH RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 11 MAY 2004
WHERE MADE: MELBOURNE
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