Nationwide News Pty Ltd v A Medical Practitioner

[2011] WASCA 152

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Courts and Tribunals
2. › State Administrative Tribunal
3. › Open justice
4. › Non-publication orders
5. › Scope and application of State Administrative Tribunal Act 2004 (WA) s 62
6. › Whether non-publication orders exceeded powers conferred by s 62
1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Partial success on appeal
5. › Abandoned ground of appeal
6. › Whether costs should be reduced where one ground abandoned

Quick Take

Non-publication orders made by the State Administrative Tribunal under s 62 of the State Administrative Tribunal Act 2004 (WA) must not exceed the powers conferred by that section. The substantive reasoning is contained in the companion decision [2011] WASCA 151. Where an appellant abandons one of two grounds of appeal but is substantially successful on the remaining ground, a 75% costs order may be appropriate.

Case Details

Citation[2011] WASCA 152

CourtWASCA

JurisdictionWestern Australia

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Relies on1

2011Medical Board of Western Australia v A Medical PractitionerWASCA 151

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