Health Services Union v Jackson (No 5) [2015] FCA 1467

Health Services Union v Jackson (No 5) [2015] FCA 1467

Pre-judgment interest and lump sum costs are to be awarded in the Union's favour, with the quantum of costs apportioned to give effect to the cost restriction in s 329(1) of the FWRO Act in accordance with Full Court authority. Indemnity costs are appropriate from after rejection of the reasonable Calderbank offer. Lump sum costs avoid unnecessary further expense due to bankruptcy. The calculation and apportionment of both interest and costs are grounded in statutory interpretation and logical, fair judicial estimation.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Applications and Cross Claims for Compensation, Pre Judgment Interest and Costs / Post Trial, Determination of Costs and Interest After Principal Judgment
Outcome
Application granted in part; pre-judgment interest and lump sum costs awarded as specified.
Legal Topics
['pre Judgment Interest' 'award of Costs' 'lump Sum Costs Orders' 'statutory Interpretation' 'bankruptcy' 'indemnity Costs' 'calderbank Offers']
['industrial Law' 'civil Procedure'] ['pre Judgment Interest' 'award of Costs' 'lump Sum Costs Orders' 'statutory Interpretation' 'bankruptcy' 'indemnity Costs' 'calderbank Offers']

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Procedural Posture

Applications and Cross Claims for Compensation, Pre Judgment Interest and Costs / Post Trial, Determination of Costs and Interest After Principal Judgment

Legal Issues

  1. 1 ['Whether pre-judgment interest should be awarded and how it should be calculated' 'Whether a lump sum costs order should be made' "Whether s 329(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) constrains the Court's power to award costs" 'Whether indemnity costs should be awarded on the basis of an unaccepted Calderbank offer']

Ratio Decidendi

Pre-judgment interest and lump sum costs are to be awarded in the Union's favour, with the quantum of costs apportioned to give effect to the cost restriction in s 329(1) of the FWRO Act in accordance with Full Court authority. Indemnity costs are appropriate from after rejection of the reasonable Calderbank offer. Lump sum costs avoid unnecessary further expense due to bankruptcy. The calculation and apportionment of both interest and costs are grounded in statutory interpretation and logical, fair judicial estimation.

Court Disposition

Application granted in part; pre-judgment interest and lump sum costs awarded as specified.

Orders

  • ['The respondent (Katherine Jackson) pay the applicant (Health Services Union) $554,215.67 by way of judgment interest (Victorian proceeding).' "The respondent (Katherine Jackson) pay the applicant's (Health Services Union) costs by way of a lump sum order fixed at $356,500 (Victorian proceeding)." 'The third...