Zollo v Commissioner for Consumer Affairs (No 2)

The parties to this matter were Zollo and the Commissioner for Consumer Affairs. The dispute concerned an appeal from a decision of the Magistrates Court, and the appeal was heard by the Full Court of the Supreme Court of South Australia.

The primary legal issue before the Full Court was whether it possessed the power to make an order for costs against the Commissioner for Consumer Affairs in circumstances where the Commissioner had been unsuccessful in an appeal.

The Court considered the operation of section 17 of the *Administrative Appeals Tribunal Act 1975* (Cth) and its application to appeals from the Magistrates Court to the Supreme Court. It was held that the Supreme Court, when exercising its appellate jurisdiction in such matters, was not bound by the usual practice of not awarding costs against a statutory body appearing in its public capacity. The Court reasoned that the Commissioner, in this instance, was acting as a party to the litigation and was subject to the general rules regarding costs.

The Full Court ultimately ordered that the Commissioner for Consumer Affairs pay the costs of Zollo in relation to the appeal.