Sleep v Repatriation Commission [2006] FCA 98

Sleep v Repatriation Commission [2006] FCA 98

Although the Court had considerable sympathy for the applicant, there was no reason why the usual rule that costs follow the event should not take effect; the Repatriation Commission was therefore entitled to its costs on a party and party basis.

Jurisdiction
Australia
Judgment Date
09 February 2006
Procedural Posture
Application for Costs in an Appeal From a Decision of the Administrative Appeals Tribunal / Costs Reserved After the Applicant's Appeal Was Dismissed; Heard and Determined on 9 February 2006
Outcome
Application for costs granted.
Legal Topics
['discretion as to Costs' 'costs Follow the Event' 'party and Party Costs' 'appeal From Administrative Appeals Tribunal Decision']
['costs' 'administrative Law'] ['discretion as to Costs' 'costs Follow the Event' 'party and Party Costs' 'appeal From Administrative Appeals Tribunal Decision']

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Procedural Posture

Application for Costs in an Appeal From a Decision of the Administrative Appeals Tribunal / Costs Reserved After the Applicant's Appeal Was Dismissed; Heard and Determined on 9 February 2006

Legal Issues

  1. 1 ["Whether the respondent should receive its costs after dismissal of the applicant's appeal." 'Whether circumstances existed making it inappropriate for costs to follow the event.']

Ratio Decidendi

Although the Court had considerable sympathy for the applicant, there was no reason why the usual rule that costs follow the event should not take effect; the Repatriation Commission was therefore entitled to its costs on a party and party basis.

Court Disposition

Application for costs granted.

Orders

  • ["The applicant pay the respondent's costs on a party and party basis."]