Luck v Secretary, Department of Human Services (No 5) [2016] FCA 1123

Luck v Secretary, Department of Human Services (No 5) [2016] FCA 1123

It was for the judge at first instance to determine the costs of the proceeding before him. As Ms Luck had not identified any special circumstances warranting a departure from the ordinary course that costs follow the event, she was ordered to pay the respondents' costs of and incidental to the appeal, including the costs of her interlocutory application of 23 October 2015.

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Appeal / Costs Determined on the Papers After Dismissal of the Notice of Appeal
Outcome
Applicant ordered to pay the respondents' costs.
Legal Topics
['costs Follow the Event' 'discretion as to Costs' 'special Circumstances' 'interlocutory Application Costs']
['administrative and Constitutional Law and Human Rights' 'costs'] ['costs Follow the Event' 'discretion as to Costs' 'special Circumstances' 'interlocutory Application Costs']

Case Brief

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Procedural Posture

Appeal / Costs Determined on the Papers After Dismissal of the Notice of Appeal

Legal Issues

  1. 1 ['Whether the question of costs should be adjourned pending the commencement of a foreshadowed appeal.' 'Whether there were special circumstances justifying a departure from the ordinary course that costs follow the event.']

Ratio Decidendi

It was for the judge at first instance to determine the costs of the proceeding before him. As Ms Luck had not identified any special circumstances warranting a departure from the ordinary course that costs follow the event, she was ordered to pay the respondents' costs of and incidental to the appeal, including the costs of her interlocutory application of 23 October 2015.

Court Disposition

Applicant ordered to pay the respondents' costs.

Orders

  • ["The applicant pay the respondents' costs of and incidental to the appeal, including of and incidental to the applicant's interlocutory application of 23 October 2015."]