Attorney-General for SA v Seven Network (Operations) Ltd (No 2)

[2019] SASCFC 53

South Australia Full Court

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Power to award costs
4. › Question of law reserved for determination by Full Court
5. › Whether 'consequential orders or directions' includes power to award costs
6. › South Australian Civil and Administrative Tribunal Act 2013 (SA), s 72
7. › Supreme Court Act 1935 (SA), s 40(1)
1. Administrative Law
2. › Tribunals
3. › South Australian Civil and Administrative Tribunal
4. › Reservation of questions of law to Supreme Court
5. › Scope of powers on reserved question
6. › Whether power to reserve question of costs for determination by SACAT
7. › South Australian Civil and Administrative Tribunal Act 2013 (SA), ss 57, 71, 72

Quick Take

The Full Court has no power to award costs when determining a question of law reserved under s 72 of the SACAT Act. Parties seeking costs in relation to a reservation proceeding must pursue that question before SACAT, though the Court left open whether SACAT has such power.

Case Details

Citation[2019] SASCFC 53

CourtSASCFC

JurisdictionSouth Australia

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Relies on

S & Ad Basheer Nominees Pty Ltd v Boland (No 2)SASCFC 35
Question of Law Reserved (No 1 of 2018) [No 2]SASCFC 17

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