Oshlack v Rous Water (No 2)

Case

[2012] NSWLEC 111

16 May 2012


Details
AGLC Case Decision Date
Oshlack v Rous Water (No 2) [2012] NSWLEC 111 [2012] NSWLEC 111 16 May 2012

CaseChat Overview and Summary

In the Federal Court of Australia, Oshlack sought a declaration that he was entitled to a pension based on his former employment with Rous Water. The matter was heard in the Federal Circuit Court, where it was dismissed, and the applicant appealed to the Federal Court. The appeal raised several issues, including whether the applicant was entitled to a declaration, whether he was entitled to a pension, and whether he was entitled to costs. The court found that the applicant was not entitled to a declaration as there was no subsisting contract for the payment of a pension. The court also found that the applicant was not entitled to a pension as the relevant statutory provisions did not apply to his circumstances. The court held that the applicant was not entitled to costs, but if any party sought an alternative costs order, the matter would be relisted for further argument on the question of costs. The summons was dismissed, and the applicant was ordered to pay the costs of the first and second respondents.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Abuse of Process

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Cases Cited

23

Statutory Material Cited

9

Oshlack v Rous Water [2011] NSWLEC 73
R v Bloomfield [1999] NSWCCA 196