Negri v Secretary, Department of Social Services (No 2) [2016] FCA 1125

FEDERAL COURT OF AUSTRALIA

Negri v Secretary, Department of Social Services (No 2) [2016] FCA 1125 Appeal from: Negri v Secretary, Department of Social Services [2015] AATA 179

File number: VID 151 of 2015

Judge: BROMBERG J

Date of judgment: 15 September 2016

Catchwords: ADMINISTRATIVE LAW – scope of remittal – where the applicant was successful on one of four argued grounds of appeal – whether redetermination by the Tribunal be made on evidence already adduced, without further evidence– where the subject of the determination is confined to an historical assessment period, remittal made on the basis of no further evidence unless proper cause be shown –whether the redetermination by the Tribunal be confined to issues, the disposition of which were found to be infected by legal error – where there is a prospect of the reconstituted Tribunal making findings inconsistent with original findings, scope of remittal in relation to issues should be unconfined COSTS – whether the award of costs be discounted on the basis that the applicant was successful on only one of four argued grounds of appeal – no special circumstances justifying departure from ordinary course that costs follow the event

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A and 33 Social Security Act 1991 (Cth) s 94

Cases cited: Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Negri v Secretary, Department of Social Services [2016] FCA 879 O'Loughlin v Linfox Australia Pty Ltd (2015) 235 FCR 164 Summers v Repatriation Commission (No 2) [2015] FCAFC 64