Field v Jenolan Caves Reserve Trust and Ors [2007] NSWIRComm 188

Field v Jenolan Caves Reserve Trust and Ors [2007] NSWIRComm 188

No discretionary departure from the usual costs order was justified. Although the operation of Jenolan Caves and the validity of the appointment of an administrator could involve public interest matters, they were raised in these proceedings to support Mr Field's personal s 106 claim and money orders, not to vindicate public rights. The matters decided in the June judgment concerned timeliness and exceptional circumstances for an extension of time and did not raise public interest questions. Rule 203 meant no different conclusion followed from the timing of the costs application.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Costs Determination After Refusal of Motion for Extension of Time
Outcome
Applicant ordered to pay the respondents' costs as agreed or assessed.
Legal Topics
['costs Discretion' 'public Interest Litigation' 'extension of Time' 'section 106 Application']
['industrial Law' 'costs'] ['costs Discretion' 'public Interest Litigation' 'extension of Time' 'section 106 Application']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Costs Determination After Refusal of Motion for Extension of Time

Legal Issues

  1. 1 ["Whether the Court should depart from the usual costs order after the applicant's unsuccessful motion for an extension of time." 'Whether the proceedings raised public interest questions sufficient to justify no order as to costs.' 'Whether the respondents were precluded from seeking costs because the costs order was sought after judgment.']

Ratio Decidendi

No discretionary departure from the usual costs order was justified. Although the operation of Jenolan Caves and the validity of the appointment of an administrator could involve public interest matters, they were raised in these proceedings to support Mr Field's personal s 106 claim and money orders, not to vindicate public rights. The matters decided in the June judgment concerned timeliness and exceptional circumstances for an extension of time and did not raise public interest questions. Rule 203 meant no different conclusion followed from the timing of the costs application.

Court Disposition

Applicant ordered to pay the respondents' costs as agreed or assessed.

Orders

  • ["Mr Field pay the respondents' costs, as agreed or assessed."]