Varasdi as Litigation Representative for Mimi Varasdi v State of Victoria (Department of Education and Training) (No 2) [2019] FCA 1929

Varasdi as Litigation Representative for Mimi Varasdi v State of Victoria (Department of Education and Training) (No 2) [2019] FCA 1929

As the Respondents were successful on their alternative submission (that the proceedings be heard together), but were not successful on the primary submission for consolidation, and taking into account the Applicants’ entitlement to separate legal representation (but no basis for imposing additional costs on the Respondents), the appropriate order is that the costs of the interlocutory application be the Respondents' costs in the cause.

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Interlocutory Application (costs) / Costs Determination Following Consolidation Application
Outcome
The costs of the Respondents' interlocutory application be the Respondents' costs in the cause.
Legal Topics
[]
['administrative Law' 'constitutional Law' 'human Rights'] []

Case Brief

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Procedural Posture

Interlocutory Application (costs) / Costs Determination Following Consolidation Application

Legal Issues

  1. 1 ['Whether the Respondents are entitled to costs of their interlocutory application regarding consolidation of proceedings']

Ratio Decidendi

As the Respondents were successful on their alternative submission (that the proceedings be heard together), but were not successful on the primary submission for consolidation, and taking into account the Applicants’ entitlement to separate legal representation (but no basis for imposing additional costs on the Respondents), the appropriate order is that the costs of the interlocutory application be the Respondents' costs in the cause.

Court Disposition

The costs of the Respondents' interlocutory application be the Respondents' costs in the cause.

Orders

  • ["The costs of the Respondents' interlocutory application be the Respondents' costs in the cause."]