Sims v Chong (No 2) [2015] FCAFC 163

The Court refused the costs certificate because Ms Chong's costs exposure resulted from her own forensic decisions to seek summary dismissal of Mr Sims' claim and then defend that course on appeal, and there was nothing in the circumstances making it appropriate for the Attorney-General to authorise payment of those costs.

Jurisdiction: Australia
Judgment Date: 17 November 2015
Procedural Posture: Application for a Costs Certificate Under S 6(1) of the Federal Proceedings (costs) Act 1981 (cth) / Full Court of the Federal Court, After Leave to Appeal Was Granted and the Appeal Allowed; Heard on the Papers
Outcome: Application refused.
Legal Topics: ['costs Certificate' 'summary Dismissal' 'appeal Costs' 'federal Proceedings (costs) Act 1981 (cth)']

['costs' 'civil Procedure'] ['costs Certificate' 'summary Dismissal' 'appeal Costs' 'federal Proceedings (costs) Act 1981 (cth)']

Case Brief

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Procedural Posture

Application for a Costs Certificate Under S 6(1) of the Federal Proceedings (costs) Act 1981 (cth) / Full Court of the Federal Court, After Leave to Appeal Was Granted and the Appeal Allowed; Heard on the Papers

Legal Issues

1 ['Whether the Court should grant Ms Chong a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth).' 'Whether it would be appropriate for the Attorney-General to authorise payment to Ms Chong in respect of costs incurred in relation to the appeal.']

Ratio Decidendi

Court Disposition

Application refused.

Orders

['The application by the respondent for a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) is refused.']