El Deeb v Magistrates Court of South Australia No. SCGRG-98-1251 Judgment No. S113

[1999] SASC 113

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Judicial review proceedings
4. › Costs against court or tribunal subject to review
5. › Whether costs should be awarded against submitting court
6. › Settled practice requiring misconduct, corruption or perversity
1. Administrative Law
2. › Judicial review
3. › Mandamus
4. › Court declining to exercise jurisdiction
5. › Costs of successful application
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary costs order
4. › Whether judge misconceived scope of discretion

Quick Take

In proceedings for judicial review of a court or tribunal decision, where the court or tribunal submits to orders, costs will not ordinarily be awarded against it unless something like misconduct, corruption or perversity is established. However, the settled practice is a guide to the exercise of the wide costs discretion, not a substitute for it.