Lynch, Thomas Brendan v Minister for Human Services & Health (formerly Minister for Health, Housing, Local Government and Community Services) [1996] FCA 216

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No G 465 of 1995 ) GENERAL DIVISION ) On appeal from the General Administrative Division of the Administrative Appeals Tribunal BETWEEN: DR THOMAS BRENDAN LYNCH Applicant AND: MINISTER FOR HUMAN SERVICES AND HEALTH formerly THE MINISTER FOR HEALTH, HOUSING, LOCAL GOVERNMENT AND COMMUNITY SERVICES Respondent Coram: Davies, Moore & Lehane JJ. Date: 2 April 1996 Place: Sydney (heard in Brisbane) MINUTES OF ORDER THE COURT ORDERS THAT: 1. The respondent pay the applicant's costs of the proceedings, assessed or taxed on the footing:- (i) that the only issue in the proceedings was the issue as to the jurisdiction of the Administrative Appeals Tribunal; (ii) that the appeal book contained only such material as was necessary to deal with that issue; (iii) that the matter had been set down for only one day's hearing. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No G 465 of 1995 ) GENERAL DIVISION ) On appeal from the General Administrative Division of the Administrative Appeals Tribunal BETWEEN: DR THOMAS BRENDAN LYNCH Applicant AND: MINISTER FOR HUMAN SERVICES AND HEALTH formerly THE MINISTER FOR HEALTH, HOUSING, LOCAL GOVERNMENT AND COMMUNITY SERVICES Respondent Coram: Davies, Moore & Lehane JJ. Date: 2 April 1996 Place: Sydney (heard in Brisbane) COSTS The Court: On 15 December 1995, the Court allowed an appeal from a decision of the Administrative Appeals Tribunal ("the Tribunal") and remitted the matter to the Tribunal to complete the hearing and determination of the matter. The Court reserved the question of costs. Written submissions on costs have since been received. Counsel are agreed that the Court should deal with the matter on the submissions received.