Scott v Bagshaw [2001] FCA 1

Scott v Bagshaw [2001] FCA 1

The issue of jurisdiction arose because of Re Wakim, an event outside the parties' control; the parties had largely sought to keep the matter in the Federal Court, the appellant succeeded on appeal on arguments not put to the primary judge, and the respondents either did not seek costs or were content to bear their own costs. It was therefore appropriate that each party bear that party's costs of the proceeding before the primary judge and of the appeal.

Jurisdiction
Australia
Judgment Date
15 January 2001
Procedural Posture
Appeal From a Judge of the Federal Court of Australia / Costs Determination After the Appeal Was Allowed and the Matter Remitted to the Primary Judge
Outcome
Each party to bear that party's costs of the proceeding before the primary judge and of the appeal.
Legal Topics
['costs of Proceedings Below and Appeal' 'jurisdiction After Re Wakim; Ex Parte Mc Nally' 'federal Court Accrued and Conferred Jurisdiction' 'costs Certificates']
['civil Procedure' 'federal Jurisdiction' 'costs'] ['costs of Proceedings Below and Appeal' 'jurisdiction After Re Wakim; Ex Parte Mc Nally' 'federal Court Accrued and Conferred Jurisdiction' 'costs Certificates']

Case Brief

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Procedural Posture

Appeal From a Judge of the Federal Court of Australia / Costs Determination After the Appeal Was Allowed and the Matter Remitted to the Primary Judge

Legal Issues

  1. 1 ['What costs orders should be made for the proceeding before the primary judge on jurisdiction and for the appeal.' "Whether the parties' costs should be paid out of Federal Court funds." 'Whether a costs certificate should be granted under the Federal Proceedings (Costs) Act 1981 (Cth).']

Ratio Decidendi

The issue of jurisdiction arose because of Re Wakim, an event outside the parties' control; the parties had largely sought to keep the matter in the Federal Court, the appellant succeeded on appeal on arguments not put to the primary judge, and the respondents either did not seek costs or were content to bear their own costs. It was therefore appropriate that each party bear that party's costs of the proceeding before the primary judge and of the appeal.

Court Disposition

Each party to bear that party's costs of the proceeding before the primary judge and of the appeal.

Orders

  • ["Each party bear that party's costs of the proceeding before the learned primary judge and of the appeal."]