Norton v Comcare [2000] FCA 1446

Norton v Comcare [2000] FCA 1446

The Federal Court has power to order costs of the appeal, but does not have power to order costs of the Tribunal proceedings as sought, since the Tribunal has not made a favourable determination and the relevant statutory provisions do not confer such power to the Court.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Appeal / Post Judgment
Outcome
Order for costs of appeal granted; costs for Tribunal proceedings not granted.
Legal Topics
['costs' 'appeals From Administrative Appeals Tribunal' 'remittal of Decision']
['administrative Law' 'compensation Law'] ['costs' 'appeals From Administrative Appeals Tribunal' 'remittal of Decision']

Case Brief

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Procedural Posture

Appeal / Post Judgment

Legal Issues

  1. 1 ['Entitlement to costs of appeal to Federal Court' 'Court’s power to award costs of proceedings before Administrative Appeals Tribunal']

Ratio Decidendi

The Federal Court has power to order costs of the appeal, but does not have power to order costs of the Tribunal proceedings as sought, since the Tribunal has not made a favourable determination and the relevant statutory provisions do not confer such power to the Court.

Court Disposition

Order for costs of appeal granted; costs for Tribunal proceedings not granted.

Orders

  • ["The respondent pay the applicant's costs to be taxed of the appeal to the Federal Court of Australia, including reserved costs."]