Federal Court of Australia
Federal Court of Australia
Karmakar v Minister for Health (No 3) [2021] FCA 1254 File number: QUD 443 of 2018
Judgment of: LOGAN J
Date of judgment: 18 August 2021
Catchwords: COSTS – application for costs by active party respondents – where respondents entitled to costs by virtue of s 64 of the Judiciary Act 1903 (Cth) – whether unsuccessful substantive application concerned public interest – where there is no evidence that the applicant acted in a representative capacity – where applicant had made submission on a constitutional issue – held that public interest in case did not merit a departure from usual costs order COSTS – where respondents had brought a summary judgment and related strikeout application – where applications were withdrawn after further amendment to the statement of claim – held that no order as to costs in respect of the summary judgment and related strikeout application was appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37N, 43 Health Insurance Act 1973 (Cth) s 106ZR, Pt VAA Judiciary Act 1903 (Cth) s 64
Cases cited: Bob Brown Foundation Inc v the Commonwealth (No 2) (2021) 387 ALR 219 Karmakar v Minister for Health (No 2) [2021] FCA 916 Save the Ridge Inc v Commonwealth (2006) 230 ALR 411 Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) (2011) 194 FCR 250
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