Zoia v Secretary, Department of Employment and Workplace Relations (No 2)

[2008] FCA 1113

FEDERAL COURT OF AUSTRALIA

Zoia v Secretary, Department of Employment and Workplace Relations (No 2) [2008] FCA 1113

ANGELO ZOIA v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

WAD 227 OF 2007

SIOPIS J

30 JULY 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 227 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER SWEIDAN

BETWEEN:	ANGELO ZOIA Applicant
AND:	SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	30 JULY 2008
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The applicant is to pay the respondent’s costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 227 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER SWEIDAN

BETWEEN:	ANGELO ZOIA Applicant
AND:	SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS Respondent

JUDGE:	SIOPIS J
DATE:	30 JULY 2008
PLACE:	PERTH

REASONS FOR JUDGMENT

1. When judgment in this matter was delivered on 2 July 2008, the applicant was not present in Court.  I, accordingly, directed that each of the parties file written submissions on the question of costs.  The submissions have now been filed.

2. The applicant’s submissions have not identified any special circumstances which would preclude the Court from applying the ordinary rule that costs follow the event.  As I mentioned in the reasons for decision, the applicant has been unemployed for a considerable period of time.  However, the impecuniosity of the applicant is not a sufficient basis in itself to deny the successful party its costs (Scott v Secretary, Department of Social Security [2000] FCA 1450).

3. Accordingly, I will order that the applicant pay the respondent’s costs of the appeal.

4. The respondent also filed an affidavit setting out the costs that it has incurred and submitted that I should order that the applicant pay costs in the sum of $5,250.  However, the applicant has not had an opportunity to comment upon the affidavit and in the circumstances of this case, I decline to make an order for costs in a specific sum.  The costs should be taxed in the usual way.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis.

Associate:

Dated:        30 July 2008

Counsel for the Applicant:	The applicant appeared in person.
Counsel for the Respondent:	Mr P Corbould
Solicitor for the Respondent:	Australian Government Solicitor

Date of Hearing:	2 July 2008
Date of Judgment:	30 July 2008