McGowan v ABC [2003] NSWIRComm 294

McGowan v ABC [2003] NSWIRComm 294

Given the dismissal for want of jurisdiction and lack of applicant submissions, the successful party (respondent) is entitled to its costs on a party party basis as agreed or assessed.

Jurisdiction
Australia
Judgment Date
16 September 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Judgment Re Costs on Notice of Motion
Outcome
Costs ordered in favour of the respondent on a party party basis as agreed or as assessed.
Legal Topics
['costs' 'jurisdiction']
['industrial Relations'] ['costs' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Judgment Re Costs on Notice of Motion

Legal Issues

  1. 1 ['Whether the respondent should be awarded costs after the dismissal of the proceedings for want of jurisdiction']

Ratio Decidendi

Given the dismissal for want of jurisdiction and lack of applicant submissions, the successful party (respondent) is entitled to its costs on a party party basis as agreed or assessed.

Court Disposition

Costs ordered in favour of the respondent on a party party basis as agreed or as assessed.

Orders

  • ['The respondent have its costs of the proceedings on a party party basis as agreed, or in the event of disagreement, as assessed.']