Edwards v Postsuper Pty Ltd (No 2) [2006] FCA 1540

Edwards v Postsuper Pty Ltd (No 2) [2006] FCA 1540

Although the appellants' appeal had been dismissed, an adjustment to the ordinary costs order was warranted because the respondent's argument on the meaning of "Dependant" was not particularly persuasive and probably did not need to be developed as fully as it was, given that the Tribunal had not determined the matter on a narrow view of that term. The appellants were therefore ordered to pay only half of the first respondent's costs of the appeal.

Jurisdiction
Australia
Judgment Date
21 November 2006
Procedural Posture
Appeal From the Superannuation Complaints Tribunal / Costs Determination After Dismissal of Appeal
Outcome
The appellants were ordered to pay half the first respondent's costs of the proceedings.
Legal Topics
['costs Following the Event' 'special Circumstances for Costs Adjustment' 'meaning of "dependant" in a Superannuation Trust Deed']
['practice and Procedure' 'costs' 'superannuation'] ['costs Following the Event' 'special Circumstances for Costs Adjustment' 'meaning of "dependant" in a Superannuation Trust Deed']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From the Superannuation Complaints Tribunal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances justified a departure from the usual rule that costs follow the event.' 'Whether the respondent\'s position and submissions on the meaning of "Dependant" warranted an adjustment to costs.']

Ratio Decidendi

Although the appellants' appeal had been dismissed, an adjustment to the ordinary costs order was warranted because the respondent's argument on the meaning of "Dependant" was not particularly persuasive and probably did not need to be developed as fully as it was, given that the Tribunal had not determined the matter on a narrow view of that term. The appellants were therefore ordered to pay only half of the first respondent's costs of the appeal.

Court Disposition

The appellants were ordered to pay half the first respondent's costs of the proceedings.

Orders

  • ["The appellants pay half the first respondent's costs of the proceedings."]