Comcare v Power (No 2) [2016] FCA 39

FEDERAL COURT OF AUSTRALIA

Comcare v Power (No 2) [2016] FCA 39 File number: ACD 76 of 2015

Judge: KATZMANN J

Date of judgment: 5 February 2016

Catchwords: COSTS — appeal from decision of the Administrative Appeals Tribunal — where appellant successful on one of several grounds — where respondent made an approach before hearing to settle on an "in principle" basis which conformed to the findings ultimately made on the appeal and appellant had not agreed to the approach

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Proceedings (Costs) Act 1981 (Cth) ss 3(1), 6

Cases cited: Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Vata-Meyer v Commonwealth of Australia (No 2) [2015] FCAFC 167

Date of hearing: Heard on the papers

Date of last submissions: 29 January 2016

Registry: Australian Capital Territory

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 9

Solicitor for the Applicant: Mr S Marris of Sparke Helmore

Solicitor for the Respondent: Mr N Blumer of Blumers Personal Injury Lawyers

ORDERS ACD 76 of 2015

BETWEEN: COMCARE Applicant

AND: SHIREE POWER Respondent

JUDGE: KATZMANN J DATE OF ORDER: 5 February 2016

THE COURT ORDERS THAT:

1. Save in relation to ground 3 of the notice of appeal, in respect of which each party should bear its or her own costs, the applicant pay half the respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.