FEDERAL COURT OF AUSTRALIA Australian Postal Corporation v Johnston (No. 2) [2007] FCA 546 ADMINISTRATIVE LAW – disposition of the question of reserved costs arising out of judgment in Australian Postal Corporation v Johnston [2007] FCA 386 AUSTRALIAN POSTAL CORPORATION v ALAN JOHNSTON QUD113 OF 2006 GREENWOOD J 17 APRIL 2007 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD113 OF 2006 ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER BETWEEN: AUSTRALIAN POSTAL CORPORATION Applicant AND: ALAN JOHNSTON Respondent JUDGE: GREENWOOD J DATE OF ORDER: 17 APRIL 2007 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. That each party to the proceeding shall bear its own costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD113 OF 2006 ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER BETWEEN: AUSTRALIAN POSTAL CORPORATION Applicant AND: ALAN JOHNSTON Respondent JUDGE: GREENWOOD J DATE: 17 APRIl 2007 PLACE: BRISBANE REASONS FOR JUDGMENT 1 On 26 March 2007 the court delivered judgment in Australian Postal Corporation v Johnston [2007] FCA 386 and reserved the question of the costs of the appeal by way of an application pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 with submissions to be received in relation to the disposition of the costs by Monday 2 April 2007. The court allowed the appeal, set aside the decision of the Administrative Appeals Tribunal and affirmed the decision under review. The applicant has filed submissions with the court and does not seek an order that the respondent pay its costs of the appeal. Accordingly, with a view to dealing with the reserved costs, the court orders that each party shall bear its own costs of the proceeding. I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. Associate: Dated: 17 April 2007 Counsel for the Applicant: Mr Hanks QC Solicitor for the Applicant: FOI Solutions, Mr Batskos, Solicitor Counsel for the Respondent: Mr Anderson Solicitor for the Respondent: Self-Represented Date of Hearing: 19 March 2007 Date of Further Submissions: 2 April 2007 Date of Judgment: 17 April 2007