GS Technology Pty Ltd v Secretary, Copyright Tribunal [1999] FCA 454

FEDERAL COURT OF AUSTRALIA

GS Technology Pty Ltd v Secretary, Copyright Tribunal [1999] FCA 454 ADMINISTRATIVE LAW - application for review of decision to order costs and the decision of taxation - consideration if no reasons for decision are given does that constitute an error of law - whether the basis for reasons are statutory or common law - whether any demonstrable error by Secretary of Copyright Tribunal amounting to an error of law. PROCEDURE - whether the power to award costs is inherently judicial - consideration of the nature of the power to award costs. CONSTITUTIONAL LAW - judicial power - whether s 174(1A) of the Copyright Act 1968 (Cth) invests the judicial power of the Federal Court in relation to costs, in the Secretary of Copyright Tribunal - whether costs power inherently judicial and impermissible for administrative body. Copyright Act 1968 (Cth) s 174 Judiciary Act 1903 (Cth) s 78B Federal Court of Australia Act 1976 (Cth) s 43 Re Dingjan; Ex parte Wagner (1995) 183 CLR 323 Cited The Queen v Davison (1954) 90 CLR 353 Cited R v Scott (1993) 42 FCR 1 Cited Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 Cons Stack v Commissioner of Patents [1999] FCA 148 Appr Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 136 ALR 84 Cited Dornan v Riordan (1990) 95 ALR 451 Cited Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 Cited R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Cited

G S TECHNOLOGY PTY LTD v THE SECRETARY OF THE COPYRIGHT TRIBUNAL AND THE STATE OF QUEENSLAND

QG210 OF 1997

COOPER J

BRISBANE

15 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG210 OF 1997

BETWEEN: G S TECHNOLOGY PTY LTD

Applicant

AND: THE SECRETARY OF THE COPYRIGHT TRIBUNAL