De Domenico v Marshall [2001] FCA 135

De Domenico v Marshall [2001] FCA 135

The Federal Court had no authority to grant the costs certificate because the remitted proceedings were to be in the Administrative Appeals Tribunal, an administrative process, and "a new trial in a cause" in s 8(1) of the Federal Proceedings (Costs) Act 1981 (Cth) does not include such proceedings.

Jurisdiction
Australia
Judgment Date
02 March 2001
Procedural Posture
Application for a Costs Certificate Under S 8 of the Federal Proceedings (costs) Act 1981 (cth) Following a Successful Federal Court Appeal / Determination of Application for Costs Certificate
Outcome
Application refused.
Legal Topics
['costs Certificate' 'federal Appeal' 'new Trial in a Cause' 'remittal to Administrative Appeals Tribunal' 'administrative Proceedings']
['practice and Procedure' 'costs' 'administrative Law'] ['costs Certificate' 'federal Appeal' 'new Trial in a Cause' 'remittal to Administrative Appeals Tribunal' 'administrative Proceedings']

Case Brief

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Procedural Posture

Application for a Costs Certificate Under S 8 of the Federal Proceedings (costs) Act 1981 (cth) Following a Successful Federal Court Appeal / Determination of Application for Costs Certificate

Legal Issues

  1. 1 ['Whether the Federal Court had power under s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) to grant a costs certificate where the successful appeal resulted in remittal to the Administrative Appeals Tribunal for reconsideration and determination in accordance with law.' 'Whether the phrase "a new trial in a cause" in s 8(1) of the Federal Proceedings (Costs) Act 1981 (Cth) includes a hearing in an administrative process.']

Ratio Decidendi

The Federal Court had no authority to grant the costs certificate because the remitted proceedings were to be in the Administrative Appeals Tribunal, an administrative process, and "a new trial in a cause" in s 8(1) of the Federal Proceedings (Costs) Act 1981 (Cth) does not include such proceedings.

Court Disposition

Application refused.

Orders

  • ['The application for a certificate under s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) is refused.']