Merit Protection Commissioner v Nonnenmacher [1999] FCA 562

Merit Protection Commissioner v Nonnenmacher [1999] FCA 562

The Court found no reason to depart from the usual order that costs follow the event, thus ordering the respondent to pay the appellants' costs. The Court also considered that the respondent should have a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981, as the appeal involved a question of law and an important question of procedure.

Parties
First Appellant: Merit Protection Commissioner; Second Appellant: Anna Le Thanh; Third Appellant: Arthur Norris; Fourth Appellant: The Secretary of the Department of Defence; Respondent: Garry James Nonnenmacher
Jurisdiction
Australia
Judgment Date
28 April 1999
Procedural Posture
Appeal / Costs Judgment Following Appeal
Outcome
Costs of the appeal ordered to be paid by the respondent; costs certificate granted to the respondent under s 6(1) of the Federal Proceedings (Costs) Act 1981.
Legal Topics
Costs Certificates, Costs Following the Event, Federal Proceedings (costs) Act 1981 S 6(1)
Costs Law Administrative Law Costs Certificates Costs Following the Event Federal Proceedings (costs) Act 1981 S 6(1)

Case Brief

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Parties

Merit Protection Commissioner

First Appellant

Anna Le Thanh

Second Appellant

Arthur Norris

Third Appellant

The Secretary of the Department of Defence

Fourth Appellant

Garry James Nonnenmacher

Respondent

Procedural Posture

Appeal / Costs Judgment Following Appeal

Legal Issues

  1. 1 Whether costs should follow the event of the disposition of the appeal
  2. 2 Whether the respondent should be granted a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981

Ratio Decidendi

The Court found no reason to depart from the usual order that costs follow the event, thus ordering the respondent to pay the appellants' costs. The Court also considered that the respondent should have a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981, as the appeal involved a question of law and an important question of procedure.

Court Disposition

Costs of the appeal ordered to be paid by the respondent; costs certificate granted to the respondent under s 6(1) of the Federal Proceedings (Costs) Act 1981.

Orders

  • The respondent pay the appellants' costs of the appeal.
  • The respondent have a costs certificate in respect of the appeal pursuant to s 6(1) of the Federal Proceedings (Costs) Act 1981 for the Attorney-General to authorise payment to the respondent for (a) costs incurred by the respondent in relation to the appeal and (b) any costs incurred by the appellants in relation...