Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v Snell (No 2) [2019] FCAFC 97 Appeal from: Re Snell and Commonwealth [2018] AATA 1107
File number: QUD 365 of 2018
Judges: ALLSOP, REEVES AND DERRINGTON JJ
Date of judgment: 17 June 2019
Catchwords: COSTS – where respondent in late stages of terminal cancer – where appeal allowed but certain grounds unsuccessful – where no apparent need for second interlocutory application – exercise of discretion to reach just and appropriate outcome – granting of opportunity for appellant to vary or discharge the order – granting of costs certificate to respondent
Legislation: Federal Proceedings (Costs) Act 1981 (Cth)
Cases cited: Commonwealth v Snell [2019] FCAFC 57
Date of hearing: Determined on the papers
Date of last submissions: 17 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 11
Counsel for the Appellant: Mr P Hanks QC and Mr J Lenczner
Solicitor for the Appellant: Holman Fenwick Willan
Counsel for the Respondent: Mr T O'Brien
Solicitor for the Respondent: Turner Freeman Lawyers
ORDERS17 JUNE 2019 QUD 365 of 2018
BETWEEN: COMMONWEALTH OF AUSTRALIA Appellant
AND: PATRICK SNELL Respondent
JUDGES: ALLSOP, REEVES AND DERRINGTON JJ DATE OF ORDER: 17 june 2019
THE COURT ORDERS THAT:
1. Subject to Orders 2, 3 and 4, the respondent pay one third of the appellant's costs of the appeal, on such terms as are reasonable bearing in mind the respondent's financial capacity and other circumstances, as agreed between the parties, or, failing agreement, as determined by the Chief Justice. 2. The appellant have liberty within 21 days to file and serve an application to vary or discharge that part of order 1 as commences "on such terms". 3. There be no orders for costs in respect of the argument as to the costs of the appeal. 4. The appellant pay the respondent's costs of the second interlocutory application of the appeal. 5. The respondent be granted a certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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