Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spencer v Commonwealth of Australia [2015] FCA 1266 Citation: Spencer v Commonwealth of Australia [2015] FCA 1266
Parties: PETER JAMES SPENCER v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES
File number: ACD 24 of 2007
Judge: MORTIMER J
Date of judgment: 19 November 2015
Catchwords: COSTS – limited costs orders made in favour of Commonwealth, including costs reduced by one half by reason of public interest in the litigation – limited lump sum costs order in the sum sought by New South Wales – limited evidence before the Court as to the extent of costs incurred by the Commonwealth and the conduct of the parties over the history of the litigation – consideration of relevant factors including protracted and complex history of matter; considerable delays during interlocutory process; public interest in litigation and novelty of questions raised – advantages of lump sum costs order
Legislation: Evidence Act 1995 (Cth) s 144 Federal Court of Australia Act 1976 (Cth) ss 37M, 43
Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority (No 2) [2014] FCA 444; 315 ALR 131 Beach Petroleum NL v Johnson (No 2) [1995] FCA 1250; 57 FCR 119 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506; 290 ALR 288 Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Grass v Minister for Immigration and Border Protection (No 2) [2015] FCAFC 61 Hussain v Minister for Foreign Affairs [2008] FCAFC 128; 169 FCR 241 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 Seven Network Ltd v News Ltd [2009] FCAFC 166, 182 FCR 160 Spencer v Commonwealth (No 2) [2008] FCA 1378 Spencer v Commonwealth [2008] FCA 1256 Spencer v Commonwealth [2009] FCAFC 38; 174 FCR 398 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Spencer v Commonwealth [2010] HCATrans 55 Spencer v Commonwealth of Australia (No 3) [2012] FCA 637 Spencer v Commonwealth of Australia (No 4) [2012] FCA 1142 Spencer v Commonwealth of Australia [2012] FCAFC 169; 206 FCR 309 Spencer v Commonwealth of Australia [2015] FCA 754 Summers v Repatriation Commission (No 2) [2015] FCAFC 64
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