Application by Paul Anthony Armstrong under the Federal Proceedings (Costs) Act 1981 [1983] FCA 285

Application by Paul Anthony Armstrong under the Federal Proceedings (Costs) Act 1981 [1983] FCA 285

The Federal Court appeal was a Federal appeal that succeeded on a question of law, no statutory provision precluded the grant of a certificate, and the discretionary matters against relief did not require refusal. It was therefore appropriate to grant a section 6 certificate limited to the applicant's costs of the appeal in the Federal Court, but not to costs of the Supreme Court proceedings already covered by an order against the informant or to any appellant's costs because the applicant had not been ordered to pay them.

Jurisdiction
Australia
Judgment Date
18 October 1983
Procedural Posture
Application for a Costs Certificate Under Section 6 of the Federal Proceedings (costs) Act 1981 / Federal Court of Australia, General Division, After a Full Court Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Application granted; costs certificate issued to Paul Anthony Armstrong.
Legal Topics
['costs Certificate' 'federal Appeal Succeeding on a Question of Law' 'roadside Breath Screening Device Approval' 'sequence of Appeals' 'discretion to Grant Costs Certificate']
['costs' 'federal Proceedings' 'criminal Procedure' 'statutory Interpretation'] ['costs Certificate' 'federal Appeal Succeeding on a Question of Law' 'roadside Breath Screening Device Approval' 'sequence of Appeals' 'discretion to Grant Costs Certificate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for a Costs Certificate Under Section 6 of the Federal Proceedings (costs) Act 1981 / Federal Court of Australia, General Division, After a Full Court Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the appeal to the Federal Court was a Federal appeal that succeeded on a question of law within section 6 of the Federal Proceedings (Costs) Act 1981.' 'Whether any statutory bar or discretionary consideration should prevent the grant of a costs certificate.' "Whether the certificate should extend beyond the applicant's costs of the appeal in the Federal Court."]

Ratio Decidendi

The Federal Court appeal was a Federal appeal that succeeded on a question of law, no statutory provision precluded the grant of a certificate, and the discretionary matters against relief did not require refusal. It was therefore appropriate to grant a section 6 certificate limited to the applicant's costs of the appeal in the Federal Court, but not to costs of the Supreme Court proceedings already covered by an order against the informant or to any appellant's costs because the applicant had not been ordered to pay them.

Court Disposition

Application granted; costs certificate issued to Paul Anthony Armstrong.

Orders

  • ['The Court grants to the applicant, Paul Anthony Armstrong, a certificate in terms of section 6 of the Federal Proceedings (Costs) Act 1981 that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under the Act to the applicant in respect of costs incurred by the...