Federal Court of Australia
Federal Court of Australia
Hill v Minister for Infrastructure, Transport, Regional Development and Local Government [2024] FCA 494 File number: NSD 1589 of 2023
Judgment of: SHARIFF J
Date of judgment: 14 May 2024
Catchwords: COSTS – where applicant sought judicial review of decision of Minister's delegate to grant dispensations under s 20(1) of the Sydney Airport Curfew Act 1995 (Cth) – where Minister's delegate revoked each of the dispensations the subject of the application after applicant had commenced proceedings – where applicant sought to recover costs of bringing application on basis that the Minister had effectively surrendered to the relief sought – consideration of whether bringing of application was reasonable – consideration of whether Minister had effectively surrendered – held that parties should bear their own costs
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 Judiciary Act 1903 (Cth) s 39B Sydney Airport Curfew Act 1995 (Cth) s 20(1) Federal Court Rules 2011 (Cth) r 26.12(7)
Cases cited: Bell IXL Investments Ltd v Life Therapeutics Ltd [2008] FCA 1457 Capic v Ford Motor Company of Australia Ltd (Costs Forthwith) [2019] FCA 1065 FCA US LLC v Mahindra Automotive Australia Pty Ltd [2021] FCA 1091 Howards Storage World Pty Ltd [2010] FCAFC 5; (2010) 182 FCR 84 Rawson Finances Pty Ltd v Commissioner of Taxation [2013] FCAFC 26 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Quin (1997) 186 CLR 622
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