Zoia v Secretary, Department of Employment and Workplace Relations

REASONS FOR JUDGMENT 1 When judgment in this matter was delivered on 2 July 2008, the applicant was not present in Court. I, accordingly, directed that each of the parties file written submissions on the question of costs. The submissions have now been filed. 2 The applicant's submissions have not identified any special circumstances which would preclude the Court from applying the ordinary rule that costs follow the event. As I mentioned in the reasons for decision, the applicant has been unemployed for a considerable period of time. However, the impecuniosity of the applicant is not a sufficient basis in itself to deny the successful party its costs (Scott v Secretary, Department of Social Security [2000] FCA 1450). 3 Accordingly, I will order that the applicant pay the respondent's costs of the appeal. 4 The respondent also filed an affidavit setting out the costs that it has incurred and submitted that I should order that the applicant pay costs in the sum of $5,250. However, the applicant has not had an opportunity to comment upon the affidavit and in the circumstances of this case, I decline to make an order for costs in a specific sum. The costs should be taxed in the usual way. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis.

Associate: Dated: 30 July 2008 Counsel for the Applicant: The applicant appeared in person.

Solicitor for the Respondent: Australian Government Solicitor