Williams v Muller (No 2) [2003] FCA 1472

Williams v Muller (No 2) [2003] FCA 1472

Costs should be proportionally awarded where the applicant succeeds on most, but not all, issues; the applicant is entitled to 80 per cent of costs, reflecting partial success and failure on a significant issue.

Jurisdiction
Australia
Judgment Date
03 December 2003
Procedural Posture
Application / Post Judgment (costs)
Outcome
Second respondent (Comcare) ordered to pay to the applicant 80 per cent of his costs of the application to be taxed or agreed.
Legal Topics
['costs' 'compensation' 'administrative Appeals Tribunal' 'agreement' 'causation of Disease']
['administrative Law'] ['costs' 'compensation' 'administrative Appeals Tribunal' 'agreement' 'causation of Disease']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Post Judgment (costs)

Legal Issues

  1. 1 ['Which party should bear the costs of the proceedings?' 'How should costs attributable to an unsuccessful interlocutory application be treated?' 'Did the applicant succeed on the substantive issues raised at hearing?' 'Does a favourable medical report determine liability under the Safety Rehabilitation and Compensation Act 1988 (Cth)?']

Ratio Decidendi

Costs should be proportionally awarded where the applicant succeeds on most, but not all, issues; the applicant is entitled to 80 per cent of costs, reflecting partial success and failure on a significant issue.

Court Disposition

Second respondent (Comcare) ordered to pay to the applicant 80 per cent of his costs of the application to be taxed or agreed.

Orders

  • ['The second respondent to pay to the applicant 80 per cent of his costs of the application to be taxed or agreed.']