TURNER v VCFC (No 2) [2006] NSWDC 134

TURNER v VCFC (No 2) [2006] NSWDC 134

The District Court has power to deal with the costs of the original proceedings before the Tribunal when it sets aside the Tribunal's determination and remits the matter in accordance with its decision.

Source-derived case information.

Parties
Appellant: David William TURNER; Respondent: Victims Compensation Fund Corporation
Jurisdiction
Australia
Judgment Date
07 December 2006
Procedural Posture
Civil Appeal / Post Appeal Costs Ruling
Outcome
Order as to costs clarified and order amended; costs awarded to appellant; application costs to be paid by respondent; affidavit material and letter returned.
Legal Topics
Costs, District Court Powers, Appeals, Tribunal Proceedings
Civil Procedure Costs District Court Powers Appeals Tribunal Proceedings

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Parties

David William TURNER

Appellant

Victims Compensation Fund Corporation

Respondent

Procedural Posture

Civil Appeal / Post Appeal Costs Ruling

Legal Issues

  1. 1 Whether the District Court has power to order costs of tribunal proceedings which have been set aside on appeal

Ratio Decidendi

The District Court has power to deal with the costs of the original proceedings before the Tribunal when it sets aside the Tribunal's determination and remits the matter in accordance with its decision.

Court Disposition

Order as to costs clarified and order amended; costs awarded to appellant; application costs to be paid by respondent; affidavit material and letter returned.

Orders

  • Order 3 (of 19.11.03) amended to order appellant have costs of procedures before assessor and Tribunal member.
  • Costs of this application to be paid by the Corporation.