Kennett and Anor v Mayrana Pty Ltd and Ors (No 12) [2009] NSWIRComm 116

Kennett and Anor v Mayrana Pty Ltd and Ors (No 12) [2009] NSWIRComm 116

Because Mr Pak's motion was not pursued, it was just that Dr Berwick and the former solicitors have costs in their favour in respect of that motion. Professor Kennett was partially successful on his motion, and there was no misconduct in the pursuit or hearing of the motions that would justify an order for costs in favour of Dr Berwick or the former solicitors; accordingly they were to bear the costs of Professor Kennett's motion.

Jurisdiction
Australia
Judgment Date
24 July 2009
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Judgment Dealing With Costs of the Applicants' Motions Following an Oversight in an Earlier Costs Judgment
Outcome
Costs orders made.
Legal Topics
['costs of Motions' 'costs Follow the Event' 'application Under S.106 of the Industrial Relations Act 1996']
['industrial Law' 'costs'] ['costs of Motions' 'costs Follow the Event' 'application Under S.106 of the Industrial Relations Act 1996']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Judgment Dealing With Costs of the Applicants' Motions Following an Oversight in an Earlier Costs Judgment

Legal Issues

  1. 1 ["Whether costs orders should be made in favour of Dr Berwick and the applicants' former solicitors in respect of Mr Pak's motion." "Whether costs orders should be made in favour of Dr Berwick or the applicants' former solicitors in respect of Professor Kennett's motion."]

Ratio Decidendi

Because Mr Pak's motion was not pursued, it was just that Dr Berwick and the former solicitors have costs in their favour in respect of that motion. Professor Kennett was partially successful on his motion, and there was no misconduct in the pursuit or hearing of the motions that would justify an order for costs in favour of Dr Berwick or the former solicitors; accordingly they were to bear the costs of Professor Kennett's motion.

Court Disposition

Costs orders made.

Orders

  • ["Dr Berwick and the former solicitors bear the costs of Professor Kennett's motion, as agreed or assessed." 'Mr Pak must bear the costs of his motion, as agreed or assessed.']