Shellard and Comcare (Compensation)

In *Shellard and Comcare (Compensation)*, the Administrative Appeals Tribunal considered an application by Mr. Shellard for the recovery of costs incurred in proceedings before the Tribunal. Mr. Shellard had successfully challenged an original decision by Comcare to deny liability for a claim.

The primary legal issue before the Tribunal was whether to exercise its discretion to order Comcare to pay Mr. Shellard's reasonable costs associated with the Tribunal proceedings. This involved assessing the circumstances of the case, particularly the applicant's success in overturning Comcare's initial decision.

Deputy President O'Donovan reasoned that given Mr. Shellard's complete success in overturning the original decision to deny liability, it was appropriate to exercise the discretion in his favour. The Tribunal ordered that Comcare pay the applicant’s reasonable costs incurred in proceedings 2023/4849, to be agreed between the parties or taxed in accordance with the Tribunal’s Practice Direction on the Taxation of Costs.