Edser v QSuper Board (Costs) [2022] FCA 233

Edser v QSuper Board (Costs) [2022] FCA 233

Where the applicant succeeds on one of several grounds in a single-day judicial review hearing and the unsuccessful grounds do not extend the duration of the hearing, it is appropriate that the respondent pay the applicant's costs and a fractional approach should not be adopted.

Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Costs Application Following Appeal / Post Judgment (costs Determination)
Outcome
The First Respondent is to pay the Applicant's costs; no order as to the Second Respondent's costs.
Legal Topics
['costs' 'judicial Review']
['administrative Law'] ['costs' 'judicial Review']

Case Brief

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Procedural Posture

Costs Application Following Appeal / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Appropriate order as to costs where applicant succeeded on only one ground' 'Whether fractional approach to costs is warranted' "Whether First Respondent should pay Applicant's costs despite not causing the error"]

Ratio Decidendi

Where the applicant succeeds on one of several grounds in a single-day judicial review hearing and the unsuccessful grounds do not extend the duration of the hearing, it is appropriate that the respondent pay the applicant's costs and a fractional approach should not be adopted.

Court Disposition

The First Respondent is to pay the Applicant's costs; no order as to the Second Respondent's costs.

Orders

  • ["The First Respondent pay the Applicant's costs." "There be no order as to the Second Respondent's costs."]