Felix v NULIS Nominees (Australia) Ltd (No 2) [2020] FCA 760

The second respondent was wholly successful in the principal case, costs should ordinarily follow that event, the second respondent sought only party and party costs, and the applicant did not oppose the requested order; accordingly, the applicant should pay the second respondent's costs on a party and party basis.

Jurisdiction: Australia
Judgment Date: 03 June 2020
Procedural Posture: Costs Application Following Dismissal of Appeal Against a Decision of the Superannuation Complaints Tribunal / Determined on the Papers
Outcome: The applicant was ordered to pay the second respondent's costs of the proceeding on a party and party basis.
Legal Topics: ['party and Party Costs' 'costs Follow the Event' 'costs Discretion' 'offer to Bear Own Costs']

['costs' 'administrative Law' 'superannuation'] ['party and Party Costs' 'costs Follow the Event' 'costs Discretion' 'offer to Bear Own Costs']

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Procedural Posture

Costs Application Following Dismissal of Appeal Against a Decision of the Superannuation Complaints Tribunal / Determined on the Papers

Legal Issues

1 ["Whether the applicant should pay the second respondent's costs of the proceeding on a party and party basis after the second respondent was wholly successful in the principal case."]

Ratio Decidendi

Court Disposition

The applicant was ordered to pay the second respondent's costs of the proceeding on a party and party basis.

Orders

["The applicant pay the second respondents' costs of the proceeding on a party and party basis."]