Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council [2007] FCA 974
COSTS - whether proceedings of such a nature as to persuade the Court to exercise discretion to depart from the ordinary rule as to costs - substantive proceedings concerned the issue of locus standi of incorporated association to bring an action pursuant to the Disability Discrimination Act 1992 (Cth) – whether success in part – whether proceedings in the public interest - conduct of the parties Held: Respondent not "only successful in part". Proceedings not of "public interest" such as to justify departure from the ordinary rule as to cost. No misconduct by the respondent. Unsuccessful applicant to pay respondent's costs.
Disability Discrimination Act 1992 (Cth) ss31, 32 Federal Court of Australia Act 1976 (Cth) s 43 Access for All Alliance (Hervey Bay) Inc v Hervey Bay City Council [2007] FCA 615 related Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd (1951) 1 All ER 873 cited Australian Competition and Consumer Commission v Commercial and General Publications Pty Ltd (No 2) [2002] FCA 1349 distinguished Australian Conservation Foundation Incorporated v The Commonwealth of Australia (1980) 146 CLR 493 cited Brimaud v Boston Securities Entertainment Investments Pty Ltd [1998] FCA 1392 distinguished Edgley v Federal Capital Press of Australia Pty Ltd (2001) 108 FCR 1 cited Esso Australia Resources Ltd v Federal Commissioner of Taxation (1997) 144 ALR 458 distinguished Fetherson v Peninsula Health (No 2) [2004] FCA 594 cited Griffiths v Boral Resources (Qld) Pty Ltd (No 2) (2006) 157 FCR 112 distinguished Holder v Searle (1998) 44 IPR 1 distinguished Inn Leisure Industries Pty Ltd (Provisional liquidator appointed) v DF McCloy Pty Ltd (No 1) (1991) 28 FCR 151 distinguished King v Yurisich (No 2) [2007] FCAFC 51 cited Latoudis v Casey (1990) 170 CLR 534 cited Oshlack v Richmond River Council (1998) 193 CLR 72 distinguished Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 applied and distinguished Save the Ridge Inc v Commonwealth (2006) 230 ALR 411 cited Sluggett v HREOC [2002] FCA 1060 cited Tate v Rafin [2000] FCA 1582 cited
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