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The Court of Appeal, having already allowed an appeal and dismissed the proceedings initiated by the respondent, determines the issue of costs and makes no order. The original High Court judgment had entertained a judicial review application, which the Court of Appeal deemed inappropriate due to the respondent's failure to exhaust alternative remedies available under statute. The Court of Appeal substituted the High Court's costs order with no order for costs, and similarly made no order for the costs of the appeal, following the appellants' concession to this approach.
Court of Appeal, judicial review, alternative remedies, Social Welfare Consolidation Act 2005, costs order, public interest proceedings, Legal Services Regulation Act 2015, disability allowance, administrative law, exhaustion of remedies, fundamental constitutional issues, appellate court, judicial independence, litigation risks.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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