MYBV v Secretary, Department of Social Services (No 2) [2017] FCA 481

FEDERAL COURT OF AUSTRALIA

MYBV v Secretary, Department of Social Services (No 2) [2017] FCA 481 File number: VID 491 of 2015

Judge: TRACEY J

Date of judgment: 10 May 2017

Catchwords: COSTS – application under r 40.02(b) of the Federal Court Rules 2011 (Cth) for lump sum costs order pursuant to s 43(3)(d) of the Federal Court of Australia Act 1976 (Cth) – where appeal from decision of the Administrative Appeals Tribunal dismissed with costs – applicable principles

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(3)(d) Federal Court Rules 2011 (Cth) r 40.02(b)

Cases cited: Auspine Ltd v Australian Newsprint Mills Ltd (1999) 93 FCR 1; [1999] FCA 673 Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority (No 2) (2014) 315 ALR 131; [2014] FCA 444 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119; [1995] FCA 350 Brookfield v Davey Products Pty Ltd [1997] FCA 1462 Byrnes v Brisconnections Management Company Limited (No 2) [2009] FCA 1432 Cameron v Secretary, Department of Human Services (No 2) [2015] FCA 1201 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 Dunstan v Seymour [2006] FCA 917 Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd (2008) 249 ALR 371; [2008] FCA 1051 Julien v Secretary, Department of Employment and Workplace Relations (No 2) [2009] FCA 1259 Keen v Telstra Corporation Ltd (No 2) [2006] FCA 930 Leary v Leary [1987] 1 WLR 72 MYBV v Secretary, Department of Social Services [2017] FCA 352 Playcorp Group of Companies Pty Ltd v Bodum A/S (No 2) [2010] FCA 455 Soden v Croker (No 3) [2016] FCA 249 Sony Entertainment (Australia) Limited v Smith (2005) 215 ALR 788; [2005] FCA 228