Stonham v Speaker of the Legislative Assembly of NSW and Anor (No. 6) [2003] NSWIRComm 208

Stonham v Speaker of the Legislative Assembly of NSW and Anor (No. 6) [2003] NSWIRComm 208

The usual order as to costs should be made against the applicant because there are no sufficient or exceptional circumstances demonstrated to justify relief from the ordinary rule. The applicant's mental condition, allegations about legal representation, and the public interest arguments do not warrant a departure from the principle that costs follow the event, particularly where the applicant failed on all aspects of her case.

Parties
Applicant: Anne Margaret Stonham; First Respondent: The Speaker of the Legislative Assembly of New South Wales; Second Respondent: Gabrielle Harrison
Jurisdiction
Australia
Judgment Date
27 June 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Judgment on Costs Following Dismissal of Application
Outcome
Party-party costs ordered against the applicant
Legal Topics
Costs, Discretion in Costs Orders, Party Party Costs
Industrial Relations Civil Procedure Costs Discretion in Costs Orders Party Party Costs

Case Brief

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Parties

Anne Margaret Stonham

Applicant

The Speaker of the Legislative Assembly of New South Wales

First Respondent

Gabrielle Harrison

Second Respondent

Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Judgment on Costs Following Dismissal of Application

Legal Issues

  1. 1 Whether party-party costs should be awarded against the applicant following dismissal of an application under s106 of the Industrial Relations Act 1996
  2. 2 Whether the applicant's mental and emotional state, resources, or legal representation should affect liability for costs

Ratio Decidendi

The usual order as to costs should be made against the applicant because there are no sufficient or exceptional circumstances demonstrated to justify relief from the ordinary rule. The applicant's mental condition, allegations about legal representation, and the public interest arguments do not warrant a departure from the principle that costs follow the event, particularly where the applicant failed on all aspects of her case.

Court Disposition

Party-party costs ordered against the applicant

Orders

  • The applicant is to pay the costs of the proceedings, subject to any earlier orders made in the proceedings, of the first and second respondents on a party-party basis, in an amount as may be agreed or assessed.