Comcare v Mooi, Paul [1996] FCA 580

Comcare v Mooi, Paul [1996] FCA 580

A costs certificate should be granted to the respondent as the point of law on which the appeal succeeded was arguable, and the provisions of s 6(3)(a) and (b) of the Federal Proceedings (Costs) Act 1981 (Cth) were satisfied.

Parties
Applicant: Comcare; Respondent: Paul Mooi
Jurisdiction
Australia
Judgment Date
02 July 1996
Procedural Posture
Appeal / Judgment Following Appeal From Administrative Appeals Tribunal
Outcome
Costs certificate granted to respondent
Legal Topics
Federal Proceedings, Costs Certificates, Workers' Compensation
Administrative Law Federal Proceedings Costs Certificates Workers' Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

Comcare

Applicant

Paul Mooi

Respondent

Procedural Posture

Appeal / Judgment Following Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the respondent should be granted a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) following the granting of Comcare's appeal

Ratio Decidendi

A costs certificate should be granted to the respondent as the point of law on which the appeal succeeded was arguable, and the provisions of s 6(3)(a) and (b) of the Federal Proceedings (Costs) Act 1981 (Cth) were satisfied.

Court Disposition

Costs certificate granted to respondent

Orders

  • The respondent be granted a costs certificate under s 6 the Federal Proceedings (Costs) Act 1981 (Cth).