Woodward v Repatriation Commissioner

[1999] FCA 1701

FEDERAL COURT OF AUSTRALIA

Woodward v Repatriation Commissioner [1999] FCA 1701

JACK WALTER WOODWARD v REPATRIATION COMMISSION
Q 96 OF 1999

KIEFEL J
BRISBANE
6 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 96 OF 1999

ON APPEAL FROM THE VETERANS’ APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR DW MULLER (SENIOR MEMBER)

BETWEEN:	JACK WALTER WOODWARD Appellant
AND:	REPATRIATION COMMISSION Respondent
JUDGE:	KIEFEL J
DATE OF ORDER:	6 DECEMBER 1999
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.        The applicant pay the respondent’s costs of the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 96 OF 1999

ON APPEAL FROM THE VETERANS’ APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR DW MULLER (SENIOR MEMBER)

BETWEEN:	JACK WALTER WOODWARD Appellant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	KIEFEL J
DATE:	6 DECEMBER 1999
PLACE:	BRISBANE

REASONS FOR JUDGMENT
(COSTS)

1. I have received written submissions from the parties on the question of costs.  The applicant, who was unsuccessful, submits that there are special circumstances which justify my not making an order for costs against him.  Whilst I accept that there are, in some cases, factors which militate against a successful party having an order for costs made in his or her favour, this is not such a case.  The appeal was from a Tribunal decision which was based upon findings of fact and a view of the evidence put forward by the applicant.  The only point of law raised, which was said to require the Court interpreting the relevant legislation, could not have resulted in success given the findings of fact on the relationship between the loss of remuneration and injuries which were war-related.  There will be an order that the applicant pay the respondent’s costs of the appeal.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Kiefel.

Associate:

Dated:             6 December 1999

Counsel for the Appellant:	Mr K J McGhee
Solicitor for the Appellant:	Streeting Lawyers
Counsel for the Respondent:	Ms E Ford
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 September 1999
Date of Judgment:	6 December 1999