Snow v Secretary, Department of Social Security (Costs) [2024] FCA 1076

Federal Court of Australia

Snow v Secretary, Department of Social Security (Costs) [2024] FCA 1076 File number(s): SAD 51 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 16 September 2024

Catchwords: COSTS — where the applicant's application was dismissed — where the respondent does not seek costs — where the applicant seeks costs — where applicant's proceeding is not public interest in nature — where insufficient evidence that the respondent resisted any attempts to settle or explore alternative dispute resolution — where lack of evidence that the respondent breached the Federal Court of Australia Act (1976) (Cth) or its model litigant obligations — whether applicant's impecuniosity justifies a special order as to costs — no order as to costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court of Australia Act 1976 (Cth), ss 37M, 37N, 43 Social Security Act 1991 (Cth) Social Security (Administration) Act 1999 (Cth), ss 109, 126

Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; 93 ALJR 1007 Cachia v Haines [1994] HCA 14; 179 CLR 403 Campbell v Northern Territory of Australia (No 4) [2021] FCA 1413 Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536; 46 FCR 225 Coombes v Registrar of Aboriginal Corporations (No 2) [2008] FCA 1078 Latoudis v Casey (1990) 170 CLR 534 Northern Territory v Sangare [2019] HCA 25; 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53; 251 CLR 322 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Snow v Secretary, Department of Social Security [2024] FCA 608