Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smalley v Department of Health and Ageing (No 2) [2011] FCA 374 Citation: Smalley v Department of Health and Ageing (No 2) [2011] FCA 374
Parties: QUEENIE MARION SMALLEY v DEPARTMENT OF HEALTH AND AGEING
File number: VID 1109 of 2010
Judge: DODDS-STREETON J
Date of judgment: 13 April 2011
Catchwords: COSTS – appeal from decision of the Administrative Appeals Tribunal – notice of appeal struck out, respondent sought costs of the appeal – discussion of discretion of the Court to make no order as to costs – no order as to costs.
Legislation: Aged Care Act 1997 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Perrett v Commissioner for Superannuation (1991) 29 FCR 581 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Smalley v Secretary, Department of Health and Ageing [2011] FCA 302
Date of hearing: 1 April 2011
Date of last submissions: 1 April 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr M Goldblatt
Solicitor for the Applicant: Messrs Rogers & Every
Solicitor for the Respondent: Ms S Koya of DLA Phillips Fox
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1109 of 2010
BETWEEN: QUEENIE MARION SMALLEY
Applicant
AND: DEPARTMENT OF HEALTH AND AGEING
Respondent
JUDGE: DODDS-STREETON J DATE OF ORDER: 13 April 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
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