Noel v Cook (No. 2) [2004] FCA 721

The applicant was unsuccessful in the substantive proceeding and did not demonstrate why the ordinary course on costs should not be followed; therefore she was ordered to pay the successful second respondent's costs on a party-party basis.

Jurisdiction: Australia
Judgment Date: 04 June 2004
Procedural Posture: Application for Costs Following Dismissal of an Application for Review of a Decision of the Superannuation Complaint Tribunal / Judgment as to Costs
Outcome: Applicant ordered to pay the second respondent's costs on a party-party basis.
Legal Topics: ['party Party Costs' 'indemnity Costs Application Not Pressed' 'costs Discretion' 'review of Superannuation Complaint Tribunal Decision']

['civil Procedure' 'costs' 'superannuation'] ['party Party Costs' 'indemnity Costs Application Not Pressed' 'costs Discretion' 'review of Superannuation Complaint Tribunal Decision']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Costs Following Dismissal of an Application for Review of a Decision of the Superannuation Complaint Tribunal / Judgment as to Costs

Legal Issues

1 ["Whether the applicant should pay the second respondent's costs after the application for review was dismissed." "Whether there was any reason to depart from the ordinary course that an unsuccessful party pays the successful party's costs on a party-party basis."]

Ratio Decidendi

Court Disposition

Applicant ordered to pay the second respondent's costs on a party-party basis.

Orders

["The applicant is to pay the second respondent's costs on a party-party basis."]