Jenkins, Ron Anthony v Gleeson, Jennifer Ruth [1983] FCA 24

Jenkins, Ron Anthony v Gleeson, Jennifer Ruth [1983] FCA 24

The appeal succeeded on a question of law because at least one ground for the decision to allow the appeal involved a determination of law, satisfying the requirements of s.6 of the Federal Proceedings (Costs) Act 1981 for issuance of a costs certificate.

Parties
Appellant: Roy Anthony Jenkins; Respondent: Jennifer Ruth Gleeson
Jurisdiction
Australia
Judgment Date
01 March 1983
Procedural Posture
Appeal / Determination of Costs Certificate Application
Outcome
application for costs certificate granted
Legal Topics
Costs Certificate, Question of Law, Natural Justice, Public Service Arbitration
Administrative Law Costs Certificate Question of Law Natural Justice Public Service Arbitration

Case Brief

Summary, issues, holding and outcome

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Parties

Roy Anthony Jenkins

Appellant

Jennifer Ruth Gleeson

Respondent

Procedural Posture

Appeal / Determination of Costs Certificate Application

Legal Issues

  1. 1 Whether appeal succeeded on a question of law under s.6 of the Federal Proceedings (Costs) Act 1981
  2. 2 Whether the finding involved a question of law or fact
  3. 3 Whether the respondent was denied natural justice

Ratio Decidendi

The appeal succeeded on a question of law because at least one ground for the decision to allow the appeal involved a determination of law, satisfying the requirements of s.6 of the Federal Proceedings (Costs) Act 1981 for issuance of a costs certificate.

Court Disposition

application for costs certificate granted

Orders

  • A costs certificate be issued under s.6(3) of the Federal Proceedings (Costs) Act 1981.