Cretney v Director General, New South Wales Department of Education and Training (No 3) [2009] NSWIRComm 175

Cretney v Director General, New South Wales Department of Education and Training (No 3) [2009] NSWIRComm 175

Leave is granted for the parties to be heard on the question of costs at first instance and on appeal, as the original failure to hear submissions on costs was inadvertent and both parties should be given the opportunity to make submissions before the matter of costs is finally determined.

Parties
Appellant/respondent on the Motion: Patricia Cretney; Respondent/applicant on the Motion: Director General, New South Wales Department of Education and Training
Jurisdiction
Australia
Judgment Date
12 November 2009
Procedural Posture
Appeal / Ruling on Motion for Leave to Be Heard on Costs After Appeal Judgment
Outcome
Leave granted for parties to be heard on costs; procedural orders made for written submissions.
Legal Topics
Costs, Procedural Fairness, Appeal Procedure
Industrial Law Costs Procedural Fairness Appeal Procedure

Case Brief

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Parties

Patricia Cretney

Appellant/respondent on the Motion

Director General, New South Wales Department of Education and Training

Respondent/applicant on the Motion

Procedural Posture

Appeal / Ruling on Motion for Leave to Be Heard on Costs After Appeal Judgment

Legal Issues

  1. 1 Whether parties should be granted leave to be heard on the question of costs after judgment when previously not heard through inadvertence.
  2. 2 Whether there are special circumstances justifying a departure from the usual order as to costs whereby the successful party is awarded costs.

Ratio Decidendi

Leave is granted for the parties to be heard on the question of costs at first instance and on appeal, as the original failure to hear submissions on costs was inadvertent and both parties should be given the opportunity to make submissions before the matter of costs is finally determined.

Court Disposition

Leave granted for parties to be heard on costs; procedural orders made for written submissions.

Orders

  • Leave is granted to the respondent to file and serve written submissions on the question of costs within 10 days of the date of this judgment.
  • The appellant shall have a further 10 days to file and serve written submissions in response.