Comcare v Power (No 2) [2016] FCA 39

Comcare v Power (No 2) [2016] FCA 39

Where an appellant succeeds only in part and the respondent had offered a settlement conforming to the ultimate outcome, it is appropriate that the applicant pay half the respondent's costs save for costs referable to the ground(s) on which the appellant succeeded, for which each party bears its own costs.

Parties
Applicant: Comcare; Respondent: Shiree Power
Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Appeal / Costs Judgment Following Partial Success on Appeal
Outcome
Applicant to pay half the respondent's costs save in relation to Ground 3 (each party to bear own costs for Ground 3)
Legal Topics
Appeals From Administrative Appeals Tribunal, Apportionment of Costs, Workers Compensation Claims
Administrative Law Workers Compensation Costs Appeals From Administrative Appeals Tribunal Apportionment of Costs Workers Compensation Claims

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Parties

Comcare

Applicant

Shiree Power

Respondent

Procedural Posture

Appeal / Costs Judgment Following Partial Success on Appeal

Legal Issues

  1. 1 How should costs be apportioned following partial success on an appeal from the Administrative Appeals Tribunal?
  2. 2 Is it appropriate for an unsuccessful respondent to be burdened with costs where error was made by the Tribunal?

Ratio Decidendi

Where an appellant succeeds only in part and the respondent had offered a settlement conforming to the ultimate outcome, it is appropriate that the applicant pay half the respondent's costs save for costs referable to the ground(s) on which the appellant succeeded, for which each party bears its own costs.

Court Disposition

Applicant to pay half the respondent's costs save in relation to Ground 3 (each party to bear own costs for Ground 3)

Orders

  • Save in relation to ground 3 of the notice of appeal, in respect of which each party should bear its or her own costs, the applicant pay half the respondent's costs as agreed or taxed.