Comcare v Labathas Con & Anor [1995] FCA 996

CATCHWORDS

ADMINISTRATIVE LAW - Administrative Appeals - appeals from an AAT decision - concurrent AAT Act and ADJR Act applications - whether appeal against the assessment of costs competent. ADMINISTRATIVE LAW - Administrative Appeals - AAT - power to award costs conferred by the Safety Rehabilitation and Compensation Act - ambit of the power - cannot be enlarged by Practice Direction. COSTS - Jurisdiction - "costs of proceedings" and "costs of and incidental to proceedings" distinguished. COSTS - AAT appeal - costs not available for original decision or for internal review - costs awarded for external review - meaning of "proceedings" - relevance of stage at which costs incurred - relevance of costs incurred before an appeal is filed - when preliminary expenses are costs of proceedings. Administrative Appeals Tribunal Act 1975, s44 Administrative Decisions (Judicial Review) Act 1977 Safety Rehabilitation and Compensation Act 1988, s67(8) Birmingham Citizens Permanent Building Society v Caunt [1962] 1 Ch 883, applied Federal Commissioner of Land Tax v Jowett (1930) 45 CLR 115, distinguished In re Gibson's Settlement, Mellors v Gibson [1981] 1 Ch 179, applied Higgins v Nicol (No 2) (1972) 21 FLR 34, considered McIntyre v Perkes (1987) 15 NSWLR 417, applied Wright v Bennett [1948] 1 KB 601, considered FINN J CANBERRA 30 NOVEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G35 of 1994 DISTRICT REGISTRY ) ) GENERAL DIVISION )

BETWEEN: COMCARE Applicant AND: CON LABATHAS Respondent IN THE FEDERAL COURT OF AUSTRALIA) ) AUSTRALIAN CAPITAL TERRITORY ) ) DISTRICT REGISTRY ) No. ACT G36 of 1994 ) GENERAL DIVISION )