Mills v Superannuation Complaints Tribunal [2013] FCA 1375

Mills v Superannuation Complaints Tribunal [2013] FCA 1375

As the appeal was allowed by consent due to the Tribunal's jurisdictional error (conceded by GESB) and there were no special circumstances shown, the Court exercised its discretion to award the applicant his costs of the appeal against the second respondent.

Jurisdiction
Australia
Judgment Date
16 December 2013
Procedural Posture
Appeal (original Jurisdiction) / Costs Determination Post Judgment
Outcome
Costs order in favour of applicant against second respondent
Legal Topics
['jurisdictional Error' 'discretion as to Costs' 'remitter to Tribunal' 'review of Superannuation Decisions']
['costs' 'superannuation Law' 'administrative Law'] ['jurisdictional Error' 'discretion as to Costs' 'remitter to Tribunal' 'review of Superannuation Decisions']

Case Brief

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Procedural Posture

Appeal (original Jurisdiction) / Costs Determination Post Judgment

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion and make an order that there be no order as to costs' "Whether special circumstances exist to deny the applicant's costs, following the appeal being allowed by consent"]

Ratio Decidendi

As the appeal was allowed by consent due to the Tribunal's jurisdictional error (conceded by GESB) and there were no special circumstances shown, the Court exercised its discretion to award the applicant his costs of the appeal against the second respondent.

Court Disposition

Costs order in favour of applicant against second respondent

Orders

  • ["The second respondent pay the applicant's costs of the appeal, to be taxed if not agreed."]