Commonwealth of Australia v Snell (No 2) [2019] FCAFC 97

Commonwealth of Australia v Snell (No 2) [2019] FCAFC 97

A just and appropriate costs outcome required the respondent to pay only one third of the appellant's costs of the appeal because the Commonwealth succeeded overall but some grounds were unsuccessful, the respondent's position was reasonable and supported by some authorities, the error was that of the Tribunal, and the respondent's personal and financial circumstances warranted reasonable terms for payment; the respondent should also receive costs of the unnecessary second interlocutory application and a costs certificate under s 6(1).

Jurisdiction
Australia
Judgment Date
17 June 2019
Procedural Posture
Appeal Costs Determination / Determined on the Papers After Appeal Allowed and Submissions on Costs
Outcome
Costs orders made; respondent ordered to pay one third of the appellant's appeal costs on reasonable terms, appellant to pay respondent's costs of the second interlocutory application, and respondent granted a costs certificate.
Legal Topics
['costs Discretion' 'appeal Costs' 'interlocutory Application Costs' 'costs Certificate Under S 6(1) of the Federal Proceedings (costs) Act 1981 (cth)']
['costs' 'administrative Law' "workers' Compensation"] ['costs Discretion' 'appeal Costs' 'interlocutory Application Costs' 'costs Certificate Under S 6(1) of the Federal Proceedings (costs) Act 1981 (cth)']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal Costs Determination / Determined on the Papers After Appeal Allowed and Submissions on Costs

Legal Issues

  1. 1 ['Whether the appellant should receive its costs of the appeal after the appeal was allowed but some grounds failed.' 'Whether there should be any costs order for the argument as to the costs of the appeal.' 'Whether the appellant or respondent should pay the costs of the second interlocutory application of the appeal.' 'Whether the respondent should be granted a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth).']

Ratio Decidendi

A just and appropriate costs outcome required the respondent to pay only one third of the appellant's costs of the appeal because the Commonwealth succeeded overall but some grounds were unsuccessful, the respondent's position was reasonable and supported by some authorities, the error was that of the Tribunal, and the respondent's personal and financial circumstances warranted reasonable terms for payment; the respondent should also receive costs of the unnecessary second interlocutory application and a costs certificate under s 6(1).

Court Disposition

Costs orders made; respondent ordered to pay one third of the appellant's appeal costs on reasonable terms, appellant to pay respondent's costs of the second interlocutory application, and respondent granted a costs certificate.

Orders

  • ["Subject to Orders 2, 3 and 4, the respondent pay one third of the appellant's costs of the appeal, on such terms as are reasonable bearing in mind the respondent's financial capacity and other circumstances, as agreed between the parties, or, failing agreement, as determined by the Chief Justice." 'The appellant...