Sullivan v Secretary, Department of Defence [2005] FCA 786

FEDERAL COURT OF AUSTRALIA

Sullivan v Secretary, Department of Defence [2005] FCA 786 PRACTICE AND PROCEDURE – leave to discontinue proceeding – costs – applicant sought order that respondent pay the applicant's costs – reasonableness of respondent's conduct in the circumstances of the proceeding – no order as to costs.

Administrative Decisions (Judicial Review) Act 1977 (Cth) Criminal Code Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth), s 43(2) Financial Management and Accountability Act 1997 (Cth) Federal Court Rules, O 22 r 2(1)(d)

Harvey Norman Holdings Limited v Fels [2002] FCA 13 referred to Inground Constructions Pty Ltd v Federal Commissioner of Taxation (1994) 27 ATR 513 cited Mineralogy Pty Ltd v National Native Title Tribunal [1998] FCA 1700 referred to O'Neill v Mann [2000] FCA 1680 referred to Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1998) 186 CLR 622 applied RALPH SULLIVAN v SECRETARY, DEPARTMENT OF DEFENCE ACD 5 OF 2005 STONE J 20 JUNE 2005 SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 5 OF 2005

BETWEEN: RALPH SULLIVAN

APPLICANT

AND: SECRETARY, DEPARTMENT OF DEFENCE

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 2 JUNE 2005

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

DATE OF PUBLICATION OF REASONS: 20 JUNE 2005

THE COURT ORDERS THAT:

1. The applicant has leave to discontinue the proceeding.

2. There be no order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 5 OF 2005