Mitchelson v Health Insurance Commission & Ors (No. 2) [2007] FCA 1396

FEDERAL COURT OF AUSTRALIA

Mitchelson v Health Insurance Commission & Ors (No. 2) [2007] FCA 1396 PRACTICE AND PROCEDURE – resolution of the question of costs arising out of Mitchelson v Health Insurance Commission & Ors [2007] FCA 1372 DR MARK LESLIE MITCHELSON v HEALTH INSURANCE COMMISSION, DR GEOFFREY HIRST, DR MARCELA COX, DR BRIAN MORTON, DR NICOLAS RADFORD, DR WILLIAM MEAGHER AND MS JANE PHELAN QUD128 OF 2007

GREENWOOD J

4 SEPTEMBER 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD128 OF 2007

BETWEEN: DR MARK LESLIE MITCHELSON

Applicant

AND: HEALTH INSURANCE COMMISSION

First Respondent

DR GEOFFREY HIRST

As chairperson of the Professional Services Review Committee No 445

Second Respondent

DR MARCELA COX

As Member of the Professional Services Review Committee No 445

Third Respondent

DR BRIAN MORTON

As Member if the Professional Services Review Committee No 445

Fourth Respondent

DR NICOLAS RADFORD

As Chairperson of the Determining Authority

Fifth Respondent

DR WILLIAM MEAGHER

As a Member of the Determining Authority

Sixth Respondent

MS JANE PHELAN

As a Member of the Determining Authority

Seventh Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 4 SEPTEMBER 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applicant in the proceeding is ordered to pay the costs of the respondents of and incidental to the Notice of Motion filed by the respondents in the proceeding on 3 August 2007 on an indemnity basis. 2. The applicant in the proceeding is ordered pursuant to Order 62 of the Federal Court Rules to pay the costs forthwith upon determination of the quantum of the costs, by taxation or agreement, notwithstanding that the proceeding is not concluded. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA