Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kang v Secretary, Department of Social Services (No 2) [2017] FCA 1173 Appeal from: Kang and Secretary, Department of Social Services (Social services second review) [2016] AATA 829
File number: WAD 547 of 2016
Judge: MCKERRACHER J
Date of judgment: 2 October 2017
Catchwords: COSTS – where applicant sought to set aside Administrative Appeals Tribunal's decision and have the Court make the final decision – where Tribunal's decision ultimately set aside and remitted – where respondent conceded before final hearing that Tribunal's decision should be set aside – where respondent made offers to consent to orders setting aside and remitting Tribunal's decision – Calderbank offer principles – whether applicant acted unreasonably in not accepting offers – where indemnity costs not sought
Legislation: Federal Court of Australia Act 1976 (Cth) ss 43(3)(d) Federal Court Rules 2011 (Cth) rr 40.02(b) Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435 Kang v Secretary, Department of Social Services [2017] FCA 895 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Meldov Pty Ltd v Bank of Queensland (No 2) [2015] NSWSC 740 Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 4) [2017] FCAFC 126
Date of hearing: Determined on the papers
Date of last submissions: 19 September 2017
Registry: Western Australia
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