MDXJ v Secretary, Department of Social Services (No 2) [2020] FCA 1858

MDXJ v Secretary, Department of Social Services (No 2) [2020] FCA 1858

Because the first respondent successfully resisted the applicant's discovery application, and none of the applicant's objections, including complaints about document preparation, the asserted spirit of r 20.11, or financial hardship, provided a basis to refuse costs, it was appropriate to order the applicant to pay the first respondent's costs fixed at $750.00.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Application for Costs in Relation to an Unsuccessful Application for Discovery / Costs Determination After Unsuccessful Discovery Application
Outcome
Costs ordered in favour of the first respondent.
Legal Topics
['costs' 'discovery' 'federal Court Rules' 'impecuniosity']
['administrative and Constitutional Law and Human Rights' 'civil Procedure'] ['costs' 'discovery' 'federal Court Rules' 'impecuniosity']

Case Brief

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Procedural Posture

Application for Costs in Relation to an Unsuccessful Application for Discovery / Costs Determination After Unsuccessful Discovery Application

Legal Issues

  1. 1 ["Whether the applicant should pay the first respondent's costs of the unsuccessful application for discovery fixed in the amount of $750.00." "Whether the applicant's complaints about T documents and preparation of appeal books justified refusing a costs order." "Whether the first respondent's refusal of discovery without explanation justified refusing a costs order." "Whether the applicant's financial hardship justified refusing or limiting a costs order."]

Ratio Decidendi

Because the first respondent successfully resisted the applicant's discovery application, and none of the applicant's objections, including complaints about document preparation, the asserted spirit of r 20.11, or financial hardship, provided a basis to refuse costs, it was appropriate to order the applicant to pay the first respondent's costs fixed at $750.00.

Court Disposition

Costs ordered in favour of the first respondent.

Orders

  • ["The applicant pay the first respondent's costs fixed in the amount of $750.00 and the execution of this order be stayed until 1 March 2021 or until further order."]