Australian Super Pty Ltd v Woodward

REASONS FOR JUDGMENT 1 The Court has considered an application by Mr Woodward for a certificate under the Federal Proceedings (Costs) Act 1981 (Cth) (Costs Act). 2 The error in the reasons of the learned trial judge was not one promoted by Mr Woodward. We consider that he is entitled to a certificate under s 6 of the Costs Act in respect of the appeal. It is necessary to use "appeal" in a very specific way for there was also a cross-appeal instituted by Mr Woodward in which he did not succeed. 3 As a litigant who appeared for himself on the appeal, Mr Woodward incurred no costs in relation to the appeal. It is, however, appropriate that a certificate issue under s 6 of the Costs Act reciting that, though in the opinion of the Court it would not be appropriate for the Attorney-General (Cth) to authorise a payment under the Costs Act to the Respondent in respect of: the costs incurred by the Respondent in relation to the appeal, because he appeared on his own behalf, the Court is of the opinion that it would be appropriate for the Attorney‑General (Cth) to authorise a payment under the Costs Act to the Respondent in respect of: any costs incurred by the Appellant in relation to the appeal (but not in respect of the cross-appeal) that have been, or are required to be, paid by the Respondent to the Appellant in pursuance of an order of the Court, not being costs to which a costs certificate granted under s 7 relates. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Finkelstein, Greenwood & Logan.