Repatriation Commission v Milenz [2007] FCA 50

Repatriation Commission v Milenz [2007] FCA 50

It is appropriate to grant a costs certificate to the respondent, whose liability for costs as a result of an appeal undercuts the public interest served by the Federal Proceedings (Costs) Act, given the beneficial purpose of the Veterans Entitlements Act and the circumstances of his case, including his war veteran status.

Jurisdiction
Australia
Judgment Date
19 January 2007
Procedural Posture
Appeal / Post Judgment Costs Certificate Application
Outcome
Certificate granted for costs to Yurgen Milenz
Legal Topics
['costs' 'veterans Entitlement' 'appeals']
['administrative Law'] ['costs' 'veterans Entitlement' 'appeals']

Case Brief

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Procedural Posture

Appeal / Post Judgment Costs Certificate Application

Legal Issues

  1. 1 ['Whether it is appropriate to grant a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) to the respondent who was ordered to pay costs after a successful appeal by the applicant under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth).']

Ratio Decidendi

It is appropriate to grant a costs certificate to the respondent, whose liability for costs as a result of an appeal undercuts the public interest served by the Federal Proceedings (Costs) Act, given the beneficial purpose of the Veterans Entitlements Act and the circumstances of his case, including his war veteran status.

Court Disposition

Certificate granted for costs to Yurgen Milenz

Orders

  • ['Attorney-General authorised to make payment to Yurgen Milenz for: (a) costs incurred by him in relation to the appeal under s 44 Administrative Appeals Tribunal Act 1975 (Cth); (b) costs incurred by the Repatriation Commission in respect to that appeal that he has been ordered to pay.']