Rohner, Felix Walter & Anor v Scanlan, Linda & Anor [1998] FCA 1156

Rohner, Felix Walter & Anor v Scanlan, Linda & Anor [1998] FCA 1156

Because Lehane J had declined to order the appellants to pay the Minister's costs on the basis that the proceeding was in the nature of a test case, and the respondents did not challenge that conclusion or the costs determination, the proper result was that there be no order as to costs.

Jurisdiction
Australia
Judgment Date
17 September 1998
Procedural Posture
Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
No order as to costs.
Legal Topics
['test Case' 'no Order as to Costs']
['costs'] ['test Case' 'no Order as to Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether there should be an order as to costs where the proceeding was in the nature of a test case and the respondents did not challenge the primary judge's costs determination."]

Ratio Decidendi

Because Lehane J had declined to order the appellants to pay the Minister's costs on the basis that the proceeding was in the nature of a test case, and the respondents did not challenge that conclusion or the costs determination, the proper result was that there be no order as to costs.

Court Disposition

No order as to costs.

Orders

  • ['There be no order as to costs.']