Clarke v Superannuation Complaints Tribunal [2020] FCA 1853

Clarke v Superannuation Complaints Tribunal [2020] FCA 1853

Because the proceeding had been settled on all issues other than costs, the Lai Qin principle applied. The Court was not in a position to conclude that the second respondent was almost certain to have succeeded if the matter had been fully tried, and the material did not demonstrate that the appellant's conduct was unreasonable, despite some basis for criticism. The appropriate orders were therefore dismissal of the appeal by agreement and no order as to costs.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Appeal From a Decision of the Superannuation Complaints Tribunal / Proceeding Settled on All Issues Other Than Costs; Interlocutory Application Sought Dismissal for Want of Prosecution or Summary Judgment; Costs Determined
Outcome
Appeal dismissed; no order as to costs.
Legal Topics
['costs After Settlement' 'no Order as to Costs' 'lai Qin Principle' 'want of Prosecution' 'summary Judgment']
['costs' 'administrative Law' 'superannuation Complaints'] ['costs After Settlement' 'no Order as to Costs' 'lai Qin Principle' 'want of Prosecution' 'summary Judgment']

Case Brief

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Procedural Posture

Appeal From a Decision of the Superannuation Complaints Tribunal / Proceeding Settled on All Issues Other Than Costs; Interlocutory Application Sought Dismissal for Want of Prosecution or Summary Judgment; Costs Determined

Legal Issues

  1. 1 ['Whether, after the proceeding had been settled on all issues other than costs, any order for costs should be made.' 'Whether the appellant acted so unreasonably that the second respondent should obtain costs.' 'Whether the second respondent was almost certain to have succeeded if the matter had been fully tried.']

Ratio Decidendi

Because the proceeding had been settled on all issues other than costs, the Lai Qin principle applied. The Court was not in a position to conclude that the second respondent was almost certain to have succeeded if the matter had been fully tried, and the material did not demonstrate that the appellant's conduct was unreasonable, despite some basis for criticism. The appropriate orders were therefore dismissal of the appeal by agreement and no order as to costs.

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • ['The appeal is dismissed.' 'There be no order as to costs.']