Rindeklev v Comcare (No 2) [2024] FCA 1349

Rindeklev v Comcare (No 2) [2024] FCA 1349

As Comcare succeeded on all issues except confidentiality and no special circumstances exist, costs should follow the event and be determined on a lump sum basis.

Parties
Applicant: Gunilla Rindeklev; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Appeal / Post Judgment (costs Determination)
Outcome
Application for costs granted in favour of respondent, except for confidentiality issue.
Legal Topics
Costs, Appeal, Confidentiality Orders
Administrative Law Costs Appeal Confidentiality Orders

Case Brief

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Parties

Gunilla Rindeklev

Applicant

Comcare

Respondent

Procedural Posture

Appeal / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the applicant should pay the respondent's costs of the appeal, except for costs related to the confidentiality issue
  2. 2 Whether costs should be determined on a lump sum basis

Ratio Decidendi

As Comcare succeeded on all issues except confidentiality and no special circumstances exist, costs should follow the event and be determined on a lump sum basis.

Court Disposition

Application for costs granted in favour of respondent, except for confidentiality issue.

Orders

  • The applicant pay the respondent's costs of and incidental to the proceedings, save and except for the costs incurred in relation to the refusal to make any further confidentiality order.
  • The costs pursuant to order 1 be quantified on a lump sum basis by a registrar acting as a referee after receiving written submission of no more than three pages and any affidavit from each of the parties in accordance with a timetable to be set by the registrar.