Nilsson v Tasmania

In *Nilsson v Tasmania*, the appellant, Nilsson, sought a review of a decision by Magistrate Wood dismissing an application for costs. The motion to review was subsequently dismissed by Evans J. The appeal concerned whether Nilsson had been denied natural justice by the Magistrate.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the Magistrate had denied Nilsson natural justice by accepting a disputed fact without providing Nilsson with an adequate opportunity to challenge it. This involved considering the principles of procedural fairness in the context of a costs application.

The Court reasoned that the Magistrate had erred by accepting the respondent's submission regarding a disputed fact without affording Nilsson a proper opportunity to respond. This failure to provide a hearing on that specific factual issue constituted a denial of natural justice. Consequently, the Court allowed the appeal, setting aside the order of Evans J and quashing the Magistrate's order dismissing the application for costs. The matter of costs was remitted for re-hearing by a magistrate.