Shahid v The Australasian College of Dermatologists [2006] FCA 414

FEDERAL COURT OF AUSTRALIA

Shahid v The Australasian College of Dermatologists [2006] FCA 414 COSTS – application by respondent for costs of interlocutory applications to be payable forthwith – applicant's filing amended statement of claim significantly changing nature of application – costs on interlocutory matters awarded with liberty to apply – lapse of application lodged over two years previously – proceeding to be heard shortly – possibility of further delay in time when costs payable due to preparation of reasons and possibility of appeals – circumstances justified departure from ordinary rule that costs paid after completion of proceeding McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 Sereika v Cardinal Financial Securities Ltd (formerly Inteq Custodians Ltd) [2001] FCA 687 Life Airbag Co of Australia Pty Ltd v Life Airbag Co (New Zealand) Ltd [1998] FCA 545 Harris v Cigna Insurance Australia Ltd (1995) ATPR 41-445 KIRAN RUBINA SHAHID v THE AUSTRALASIAN COLLEGE OF DERMATOLOGISTS WAD 53 of 2004 NICHOLSON J 13 APRIL 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 53 OF 2004

BETWEEN: KIRAN RUBINA SHAHID

APPLICANT

AND: THE AUSTRALASIAN COLLEGE OF DERMATOLOGISTS

(ACN 000 551 824)

RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 13 APRIL 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's notice of motion dated 1 March 2006 be granted. 2. The respondent's costs thrown away by the respondent's notice of motion dated 20 August 2004 be taxed and payable forthwith. 3. The respondent's costs thrown away by the applicant's notice of motion dated 14 June 2004 be taxed and payable forthwith. 4. The applicant pay the costs of the motion to be taxed and payable forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.