G.T.K. Trading Pty Ltd v Export Development Grants Board [1982] FCA 68
The reference from the Administrative Appeals Tribunal created proceedings in this Court, the applicant was generally successful, and no special circumstances displace the usual rule; therefore, the respondent should pay the applicant's costs.
- Parties
- Applicant: G.T.K. Trading Proprietary Limited; Respondent: Export Development Grants Board
- Jurisdiction
- Australia
- Judgment Date
- 07 May 1982
- Procedural Posture
- Review of Questions of Law Referred by Administrative Appeals Tribunal / Supplementary Judgment on Costs
- Outcome
- Costs awarded to applicant
- Legal Topics
- Costs, Reference to Federal Court by Administrative Appeals Tribunal
Case Brief
Summary, issues, holding and outcome
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Parties
G.T.K. Trading Proprietary Limited
Applicant
Export Development Grants Board
Respondent
Procedural Posture
Review of Questions of Law Referred by Administrative Appeals Tribunal / Supplementary Judgment on Costs
Legal Issues
- 1 Whether the reference constitutes a 'proceeding' for which the Court may award costs under the Federal Court of Australia Act, 1976, s.43.
- 2 Whether special circumstances justify departing from the general rule that costs follow the event in the Court.
Ratio Decidendi
The reference from the Administrative Appeals Tribunal created proceedings in this Court, the applicant was generally successful, and no special circumstances displace the usual rule; therefore, the respondent should pay the applicant's costs.
Court Disposition
Costs awarded to applicant
Orders
- Export Development Grants Board to pay G.T.K. Trading Proprietary Limited's costs of the proceedings in this Court.
Full Case Text
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