FEDERAL COURT OF AUSTRALIA

Woodward v Repatriation Commission [2003] FCAFC 160

SUPPLEMENTARY REASONS FOR JUDGMENT

ROBERT CHARLES WOODWARD v REPATRIATION COMMISSION

V531 of 2002

MAVIS GUNDRY v REPATRIATION COMMISSION

V532 of 2002

BLACK CJ, WEINBERG & SELWAY JJ

30 JULY 2003 (SUPPLEMENTARY REASONS 9 SEPTEMBER 2003)

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V531 OF 2002

On appeal from the Veterans’ Appeals

Division of the Administrative Appeals Tribunal

BETWEEN:

ROBERT CHARLES WOODWARD

APPLICANT

AND:

REPATRIATION COMMISSION

RESPONDENT

JUDGES:

BLACK CJ, WEINBERG & SELWAY JJ

DATE OF ORDER:

9 SEPTEMBER 2003

WHERE MADE:

MELBOURNE

THE COURT ORDERS (IN ADDITION TO ORDERS 1, 2 AND 3 OF 30 JULY 2003) THAT:

1.    The respondent pay the applicant’s costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V532 OF 2002

On appeal from the Veterans’ Appeals

Division of the Administrative Appeals Tribunal

BETWEEN:

MAVIS GUNDRY

APPLICANT

AND:

REPATRIATION COMMISSION

RESPONDENT

JUDGES:

BLACK CJ, WEINBERG & SELWAY JJ

DATE OF ORDER:

9 SEPTEMBER 2003

WHERE MADE:

MELBOURNE

THE COURT ORDERS (IN ADDITION TO ORDERS 1 AND 2 OF 30 JULY 2003) THAT:

1.    There be no order as to costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

    

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V531 OF 2002

On appeal from the Veterans’ Appeals

Division of the Administrative Appeals Tribunal

BETWEEN:

ROBERT CHARLES WOODWARD

APPLICANT

AND:

REPATRIATION COMMISSION

RESPONDENT

V532 OF 2002

BETWEEN:

MAVIS GUNDRY

APPLICANT

AND:

REPATRIATION COMMISSION

RESPONDENT

JUDGES:

BLACK CJ, WEINBERG & SELWAY JJ

DATE:

30 JULY 2003 (SUPPLEMENTARY REASONS 9 SEPTEMBER 2003)

WHERE MADE:

MELBOURNE

REASONS FOR JUDGMENT AS TO COSTS

THE COURT:

1    When judgment was delivered in these two matters on 30 July 2003, the parties were ordered to file submissions as to costs. The submissions indicate that the parties agree as to the costs orders that should be made. The proposed orders are appropriate and we shall order accordingly.

2     In the matter of Woodward, the respondent should pay the applicant’s costs and in the matter of Gundry there should be no order as to costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Black, Justice Weinberg and Justice Selway.

Associate:

Dated:        9 September 2003

Counsel for the Applicants:

Mr M Croyle and Ms J Bornstein

Solicitors for the Applicants:

Williams, Winter, Higgs Solicitors

Counsel for the Respondents:

Mr P Hanks QC with Mr P J Ginnane

Solicitors for the Respondents:

Australian Government Solicitor

Date of Hearing:

19 February 2003

Date of Judgment:

30 July 2003 (Supplementary Reasons 9 September 2003)

Date of Final Submissions:

7 August 2003