Gaynor v Chief of the Defence Force (No 4) [2015] FCA 1461

FEDERAL COURT OF AUSTRALIA

Gaynor v Chief of the Defence Force (No 4) [2015] FCA 1461 Citation: Gaynor v Chief of the Defence Force (No 4) [2015] FCA 1461

Parties: BERNARD GAYNOR v CHIEF OF THE DEFENCE FORCE

File number(s): NSD 692 of 2014

Judge(s): BUCHANAN J

Date of judgment: 18 December 2015

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth)

Cases cited: Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Gaynor v Chief of the Defence Force (No 3) [2015] FCA 1370 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229

Date of hearing: Heard on the papers

Date of last submissions: 15 December 2015 (Respondent) 18 December 2015 (Applicant)

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 14

Solicitor for the Applicant: Mr R Balzola of Robert Balzola & Associates

Counsel for the Respondent: Mr J Kirk SC with Mr D Robertson

Solicitor for the Respondent: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 692 of 2014

BETWEEN: BERNARD GAYNOR

Applicant

AND: CHIEF OF THE DEFENCE FORCE

Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 18 DECEMBER 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Order 4 made on 4 December 2015 is vacated. 2. Except as hereafter provided, the respondent is to pay 50% of the applicant's costs of the proceedings, to be taxed if not agreed. 3. The applicant is to pay the respondent's costs of the interlocutory application filed on 15 December 2015, to be taxed if not agreed. 4. The respondent is to pay the applicant's costs of the directions hearing on 18 December 2015, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.