Deas v Issa (No 2) [2013] FCA 1145

The respondents were not entitled to the costs of the appeal because their success was derived from a legal argument not advanced before the Tribunal.

Jurisdiction: Australia
Judgment Date: 08 November 2013
Procedural Posture: Appeal / Application for Costs After Dismissal of Appeal
Outcome: No order as to costs
Legal Topics: ['costs in Appeals' 'failure to Raise Argument in Lower Tribunal']

['civil Procedure'] ['costs in Appeals' 'failure to Raise Argument in Lower Tribunal']

Case Brief

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Procedural Posture

Appeal / Application for Costs After Dismissal of Appeal

Legal Issues

1 ['Whether the respondents are entitled to costs where their success on appeal derived from an argument not raised before the Tribunal']

Ratio Decidendi

The respondents were not entitled to the costs of the appeal because their success was derived from a legal argument not advanced before the Tribunal.

Court Disposition

No order as to costs

Orders

['There be no order as to costs.']