Repatriation Commission v Allan, M D & Ors Yates, Darryn v Repatriation Commission [1997] FCA 633

Repatriation Commission v Allan, M D & Ors Yates, Darryn v Repatriation Commission [1997] FCA 633

The Commission, having sought to enforce an ambiguous order to its own benefit after its making, in circumstances where it was not the order previously sought, should pay Mr Yates' costs in NG 489 of 1996. Conversely, Mr Yates, having filed a defensive but ultimately unsuccessful application (NG 700 of 1996), should pay the Commission’s costs in that proceeding. No order as to costs in NG 416 of 1996, as both the application and cross-claim were dismissed and the matter became academic.

Parties
Applicant: The Repatriation Commission; First Respondent: M.D. Allen; First Respondent: J.D. Campbell; First Respondent: A.R. Horton; Second Respondent: Darryn Paul Yates
Jurisdiction
Australia
Judgment Date
17 July 1997
Procedural Posture
Judicial Review/appeal (federal Court) / Post Judgment; Costs Determination
Outcome
Partial costs awards; court orders made on costs in respective proceedings.
Legal Topics
Costs Orders, Judicial Review of Tribunal Decisions
Administrative Law Costs Costs Orders Judicial Review of Tribunal Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

The Repatriation Commission

Applicant

M.D. Allen

First Respondent

J.D. Campbell

First Respondent

A.R. Horton

First Respondent

Darryn Paul Yates

Second Respondent

Procedural Posture

Judicial Review/appeal (federal Court) / Post Judgment; Costs Determination

Legal Issues

  1. 1 Entitlement to costs arising from dismissed applications and cross-claims
  2. 2 Whether costs should follow the event when proceedings become academic or are dismissed

Ratio Decidendi

The Commission, having sought to enforce an ambiguous order to its own benefit after its making, in circumstances where it was not the order previously sought, should pay Mr Yates' costs in NG 489 of 1996. Conversely, Mr Yates, having filed a defensive but ultimately unsuccessful application (NG 700 of 1996), should pay the Commission’s costs in that proceeding. No order as to costs in NG 416 of 1996, as both the application and cross-claim were dismissed and the matter became academic.

Court Disposition

Partial costs awards; court orders made on costs in respective proceedings.

Orders

  • The Repatriation Commission pay Darryn Yates' costs in NG 489 of 1996.
  • Darryn Yates pay the Repatriation Commission's costs in NG 700 of 1996.