Hanson v Burston (No 2) [2023] FCA 41

Federal Court of Australia Hanson v Burston (No 2) [2023] FCA 41 File number: NSD 1210 of 2020

Judgment of: BROMWICH J

Date of judgment: 3 February 2023

Catchwords: COSTS – where question of costs arises from an interlocutory application brought by the respondent for strike out and/or summary dismissal of the applicant's Originating Application and Amended Points of Claim – where the respondent received partial but substantial success in obtaining judgment in the interlocutory application – Held: the applicant pay 75% of his costs of and incidental to the interlocutory application

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO(3) Sex Discrimination Act 1984 (Cth) s 46PO(3)

Cases cited: Hanson v Burston [2022] FCA 1234

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 12

Date of last submissions: 6 December 2022

Date of hearing: Determined on the papers

Counsel for the Applicant: Mr P Moorhouse and Ms R Kumar

Solicitor for the Applicant: Harmers Workplace Lawyers

Counsel for the Respondent: Ms K Eastman SC and Mr R Lee

Solicitor for the Respondent: Minter Ellison Lawyers

ORDERS NSD 1210 of 2020

BETWEEN: PAULINE HANSON Applicant

AND: BRIAN BURSTON Respondent

order made by: BROMWICH J DATE OF ORDER: 3 february 2023

THE COURT ORDERS THAT:

1. The applicant pay 75% of the costs of the respondent of and incidental to the interlocutory application dated 20 August 2021, including the costs of the submissions on costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.