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[1998] FCA 1156
Federal Court of Australia
1998-09-17
Lehane J, Finkelstein JJ
Original judgment source is linked above.
Lehane J ultimately concluded that the proceeding was in the nature of a test case and, for that reason, declined to order the present appellants to pay the Minister's costs of the hearing before him, although they were the unsuccessful parties.
On the hearing of the appeal, the present respondents did not seek to challenge Lehane J's conclusion as to this being a test case or his determination as to costs.
The Court therefore considers that the proper result, so far as costs are concerned, is that there be no order as to costs.
I certify that this page is a true copy of the Reasons for Judgment herein of the Court.