Kirunda v Commissioner of Police, New South Wales Police Force (No 2) [2017] FCA 824

FEDERAL COURT OF AUSTRALIA

Kirunda v Commissioner of Police, New South Wales Police Force (No 2) [2017] FCA 824 File number: NSD 1393 of 2016

Judge: GRIFFITHS J

Date of judgment: 21 July 2017

Catchwords: COSTS – whether or not costs should follow the outcome of the substantive proceeding – whether any conduct by respondent or any overarching public interest consideration warrants departure from normal rule – respondent belatedly seeks lump sum costs order Held: applicant to pay respondent's costs, with the question of lump sum costs subject to further submissions by parties

Legislation: Federal Court Rules 2011 (Cth) r 40.02

Cases cited: Kirunda v Commissioner of Police, New South Wales Police Force [2017] FCA 735

Date of hearing: Heard on the papers

Date of last submissions: 19 July 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr M Seck

Solicitor for the Respondent: Minter Ellison

ORDERS NSD 1393 of 2016

BETWEEN: BILL WILLIAM KIRUNDA Applicant

AND: COMMISSIONER OF POLICE, NEW SOUTH WALES POLICE FORCE Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 21 JULY 2017

THE COURT ORDERS THAT:

1. The applicant is to pay the respondent's costs of and incidental to the interlocutory application filed on 2 December 2016. 2. The respondent is to file and serve an affidavit specifying the lump sum amount it seeks and the justification for that amount, together with a brief written submission not to exceed 3 pages in length, on or before 5pm on 28 July 2017. 3. The applicant is to file and serve any affidavit in response, together with a brief written submission not to exceed 5 pages in length, as to whether or not a lump sum costs order should be made and, in the event that a lump sum costs order is made, in what amount, on or before 5pm on 11 August 2017. 4. Finalisation of the costs order will be determined on the papers and without an oral hearing. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.