Maher v Commonwealth Bank of Australia [2006] FCA 892

Maher v Commonwealth Bank of Australia [2006] FCA 892

No basis was disclosed to show the Federal Magistrate failed to exercise his discretion judicially; the costs order was within the scope of the discretion conferred by s 79 of the Federal Magistrates Act 1999 (Cth).

Jurisdiction
Australia
Judgment Date
11 July 2006
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['costs' 'appeals' 'judicial Discretion']
['civil Procedure'] ['costs' 'appeals' 'judicial Discretion']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether the Federal Magistrate's discretion to award costs in respect of adjournments was exercised judicially"]

Ratio Decidendi

No basis was disclosed to show the Federal Magistrate failed to exercise his discretion judicially; the costs order was within the scope of the discretion conferred by s 79 of the Federal Magistrates Act 1999 (Cth).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' 'The appellant pay the costs of the respondents.']