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Negri v Secretary, Department of Social Services (No 2) [2016] FCA 1125

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ADMINISTRATIVE LAW - scope of remittal - where the applicant was successful on one of four argued grounds of appeal - whether redetermination by the Tribunal be made on evidence already adduced, without further evidence - where the subject of the determination is confined to an historical assessment period, remittal made on the basis of no further evidence unless proper cause be shown - whether the redetermination by the Tribunal be confined to issues, the disposition of which were found to be infected by legal error - where there is a prospect of the reconstituted Tribunal making findings inconsistent with original findings, scope of remittal in relation to issues should be unconfined COSTS - whether the award of costs be discounted on the basis that the applicant was successful on only one of four argued grounds of appeal - no special circumstances justifying departure from ordinary course that costs follow the event

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