Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Pesticides and Veterinary Medicines Authority v Administrative Appeals Tribunal (No 2) [2008] FCA 1672
COSTS – parties had divided success – whether costs should be ordered on an "issues" basis or upon the basis of the commercial result achieved – distinct issues – no evidentiary overlap – costs ordered on an issues basis utilising a percentage Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) s 69B Administrative Decisions (Judicial Review) Act 1977 s 16(1)(a) Judiciary Act 1903 (Cth) s 39B(1) Federal Court of Australia Act 1976 (Cth)s 21(1)
Australian Competition & Consumer Commission v Australian Safeway Stores Pty Ltd (No 2) [2003] FCAFC 163 cited Australian Pesticides and Veterinary Medicines Authority v Administrative Appeals Tribunal [2008] FCA 1393 referred to Cultivaust Pty Ltd v Grain Pool Pty Ltd [2004] FCA 1568 cited Hughes v Western Australian Cricket Association (Inc) [1986] FCA 511; (1986) 8 ATPR ¶40‑748 referred to New South Wales Dairy Corporation v Murray-Goulburn Co-operative Co Ltd (1989) 14 IPR 75 discussed O'Keefe Nominees Pty Ltd v BP Australia Ltd, Trade Practices Commission (Intervener) (1991) 128 ALR 718 cited Queensland Wire Industries Pty Ltd v Broken Hill Pty Co Ltd (1987) 17 FCR 211 cited Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 cited Spotwire Pty Ltd v Visa International Service Association [2004] FCA 1481 cited AUSTRALIAN PESTICIDES AND VETERINARY MEDICINES AUTHORITY v ADMINISTRATIVE APPEALS TRIBUNAL and IMTRADE AUSTRALIA PTY LTD (ACN 090 151 134)
WAD 118 of 2008
GILMOUR J
13 NOVEMBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 118 of 2008
BETWEEN: AUSTRALIAN PESTICIDES AND VETERINARY MEDICINES AUTHORITY
Applicant
AND: ADMINISTRATIVE APPEALS TRIBUNAL
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