Marchant v GB Radio [2002] FCA 465

Marchant v GB Radio [2002] FCA 465

The appeal was dismissed as incompetent, as conceded, applying Director-General Social Services v Chaney, with the costs order reflecting shared responsibility of appellant and first respondent for not preventing an incompetent appeal from proceeding.

Jurisdiction
Australia
Judgment Date
18 March 2002
Procedural Posture
Appeal / Judgment and Orders on Competency and Costs
Outcome
Appeal dismissed as incompetent
Legal Topics
['appeal Competency' 'costs' 'jurisdiction of Administrative Appeals Tribunal']
['administrative Law' 'civil Procedure'] ['appeal Competency' 'costs' 'jurisdiction of Administrative Appeals Tribunal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment and Orders on Competency and Costs

Legal Issues

  1. 1 ['Whether the appeal from the Administrative Appeals Tribunal was competent' 'Appropriate order for costs where appeal is conceded to be incompetent']

Ratio Decidendi

The appeal was dismissed as incompetent, as conceded, applying Director-General Social Services v Chaney, with the costs order reflecting shared responsibility of appellant and first respondent for not preventing an incompetent appeal from proceeding.

Court Disposition

Appeal dismissed as incompetent

Orders

  • ['The appeal is dismissed as incompetent.' "The first respondent pay the appellant's costs of this day." 'There be otherwise no order as to costs.']