Pathmanathan v Healthscope Operations Pty Ltd (No 2) [2020] FCA 503

Pathmanathan v Healthscope Operations Pty Ltd (No 2) [2020] FCA 503

Costs follow the event in federal proceedings under the Australian Human Rights Commission Act 1986 (Cth) unless special circumstances justify a different order. No special circumstances were established by the applicant; thus the respondent is entitled to its costs, including those of interlocutory applications.

Parties
Applicant: Ajintha Pathmanathan; Respondent: Healthscope Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Application Under S. 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Costs Determination Following Summary Dismissal
Outcome
The applicant is to pay the respondent's costs of the proceeding, including costs of respective interlocutory applications, as agreed or assessed.
Legal Topics
Costs Order, Discrimination, Summary Dismissal
Administrative Law Constitutional Law Human Rights Costs Order Discrimination Summary Dismissal

Case Brief

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Parties

Ajintha Pathmanathan

Applicant

Healthscope Operations Pty Ltd

Respondent

Procedural Posture

Application Under S. 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Costs Determination Following Summary Dismissal

Legal Issues

  1. 1 Whether the respondent is entitled to an order for costs following summary dismissal of the applicant's proceeding commenced under s. 46PO of the Australian Human Rights Commission Act 1986 (Cth)

Ratio Decidendi

Costs follow the event in federal proceedings under the Australian Human Rights Commission Act 1986 (Cth) unless special circumstances justify a different order. No special circumstances were established by the applicant; thus the respondent is entitled to its costs, including those of interlocutory applications.

Court Disposition

The applicant is to pay the respondent's costs of the proceeding, including costs of respective interlocutory applications, as agreed or assessed.

Orders

  • The applicant pay the respondent's costs of this proceeding, including the costs of the applicant's interlocutory application filed on 7 October 2018 and the respondent's interlocutory application filed on 23 August 2019, as agreed or assessed.