Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Su v Australian Fisheries Management Authority (No 3) [2008] FCA 2018
PRACTICE AND PROCEDURE – costs and taxation – discretionary jurisdiction of the Court to fix a gross sum for costs under O 62 r4(2)(c) Federal Court Rules- whether hardship caused by seizure of vessel relevant – no evidence of hardship - whether delay caused by taxation of costs provides sufficient circumstances to warrant the exercise of the discretionary power Federal Court Rules 1979 Harrison v Schipp (2002) 54 NSWLR 738 MEI YING SU, YU SHEN CHEN and YU MING KUO v AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY and COMMONWEALTH OF AUSTRALIA
NTD5 of 2008
REEVES J
19 December 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD5 of 2008
BETWEEN: MEI YING SU
First Applicant
YU SHEN CHEN
Second Applicant
YU MING KUO
Third Applicant
AND: AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
JUDGE: REEVES J
DATE OF ORDER: 19 DECEMBER 2008
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The notice of motion dated 15 December 2008 be dismissed. 2. The applicants pay the respondents' costs of the notice of motion, to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD5 of 2008
BETWEEN: MEI YING SU
First Applicant
YU SHEN CHEN
Second Applicant
YU MING KUO
Third Applicant
AND: AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
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