Federal Court of Australia
Federal Court of Australia
Ascic v Comcare (No 2) [2023] FCA 319 File number: WAD 425 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 6 April 2023
Catchwords: COSTS - where application dismissed - respondent sought order for payment of costs on lump sum basis - assessment and determination of lump sum
Cases cited: Ascic v Comcare [2021] FCA 1498 Ascic v Comcare [2022] FCA 1245 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Hislop v Paltar Petroleum Limited (No 4) [2017] FCA 1632 Zafra Legal Pty Ltd v Harris (Liquidator) (No 3) [2021] FCA 441
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 25
Date of hearing: Determined on the papers
Counsel for the Applicant: The applicant did not appear
Counsel for the Respondent: Mr B Dube
Solicitor for the Respondent: Sparke Helmore Lawyers
ORDERS WAD 425 of 2019
BETWEEN: MARKO ASCIC Applicant
AND: COMCARE Respondent
order made by: BANKS-SMITH J DATE OF ORDER: 6 April 2023
THE COURT ORDERS THAT:
1. The applicant is to pay the respondent's costs of the application fixed in the sum of $17,512.77. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
BANKS-SMITH J: 1 Mr Ascic applied to this Court under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) by way of an appeal from a decision of the Administrative Appeals Tribunal that no permanent impairment compensation was payable to him under the Safety, Rehabilitation and Compensation Act 1988 (Cth). 2 I dismissed the application: Ascic v Comcare [2021] FCA 1498. At the time, I indicated to Mr Ascic that I would allow him the opportunity to be heard as to the costs of his unsuccessful application. 3 Mr Ascic sought leave to appeal to the Full Court from the orders dismissing his application, but his application was refused: Ascic v Comcare [2022] FCA 1245. 4 For various reasons the issue of costs was not determined at that time, but I have now received submissions from both Comcare and Mr Ascic, and it was agreed that I would determine the question of costs on the papers.
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