Case: Duncan v Chief Executive Officer, Centrelink (No 2) [2008] FCA 667
Outcome: considered
Even in federal judicial review proceedings unconcerned with the Native Title Act , costs do not invariably follow the event. Duncan v Chief Executive Officer, Centrelink (No 2) [2008] FCA 667 (Finn J) offers a recent example. In that case, (at para 4) his Honour observed: Notwithstanding the ordinary principle of costs following the event, there are two considerations of potentially present relevance of which account properly can be taken in justification of a departure from that principle. These are the reasonableness of the applicant in bringing the application and where the respondent, as in this case, is a public authority, the general importance both of the clarification of the law for such an authority and of securing proper compliance with it: see eg Perrett v Commissioner for Superannuation (1991) 29 FCR 581 at 594; see also Wilderness Society Inc v Hon Malcolm Turnbull, Minister for Environment and Water Resources [2008] FCAFC 19 at [7] . 26 In this case, the Applicants did reasonably bring the judicial review proceeding. QWI was not a party charged with the administration of the registration of ILUAs under the Native Title Act . Its interests though could hardly be described as private. It is an emanation of the State of Queensland specifically charged with the construction of a project considered necessary for the supplementation of the water supply in South East Queensland. It had a very particular public interest in the due administration and construction of the provisions governing the registration of an area agreement in the Native Title Act . In that regard, and in the face of a submission by QWI to the contrary, the Applicants have at least secured this Court's guidance as to matters which the Registrar and delegates can and should take into account when deciding a registration application. 27 The factors for and against the making of an order for costs as sought by QWI are certainly not all one way. On the balance, in my opinion, in the particular circumstances of this case, there should not be an award of costs in favour of QWI against the Applicants. In voicing that opinion, I have taken into account whether, if not appropriate to award QWI all its costs, some percentage order might alternatively be made. 28 The further order that I make in the proceedings is therefore that there be no order as to costs, either in respect of the costs of the First Respondent or in respect of the costs of the Second Respondent. I certify that the preceding twenty-eight (28) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan. Associate: Dated: 2 October 2008 Counsel for the Applicants: Mr Balzamo Solicitor for the Applicants: Black &amp; Co Lawyers Solicitor for the First Respondent: Holding Redlich Lawyers Counsel for the Second Respondent: Ms Bowskill Solicitor for the Second Respondent: McCullough Robertson Lawyers Date of Hearing: 1 October 2008 Date of Judgment: 2 October 2008 AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.austlii.edu.au/au/cases/cth/FCA/2008/1479.html