Yatras and another v Moraitis Administration (NSW) Pty Ltd and others [2005] NSWIRComm 130

Yatras and another v Moraitis Administration (NSW) Pty Ltd and others [2005] NSWIRComm 130

There were no special or unusual features of an unmeritorious or improper nature surrounding the applicants' conduct to justify indemnity costs; therefore, costs ordered on party-party basis except for the hearing on 5 April 2005, where each party bears their own costs.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Costs Determination Following Dismissal of Original Summons
Outcome
Costs awarded on party-party basis except for a specific hearing where each party bears own costs.
Legal Topics
['costs' 'jurisdictional Time Limits' 'statutory Interpretation' 'indemnity Costs']
['industrial Law'] ['costs' 'jurisdictional Time Limits' 'statutory Interpretation' 'indemnity Costs']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Costs Determination Following Dismissal of Original Summons

Legal Issues

  1. 1 ['Whether there are special or unusual features justifying departure from the usual costs order to justify indemnity costs' 'Application of s 108B of the Industrial Relations Act 1996 as to jurisdictional time limits for bringing applications under s 106']

Ratio Decidendi

There were no special or unusual features of an unmeritorious or improper nature surrounding the applicants' conduct to justify indemnity costs; therefore, costs ordered on party-party basis except for the hearing on 5 April 2005, where each party bears their own costs.

Court Disposition

Costs awarded on party-party basis except for a specific hearing where each party bears own costs.

Orders

  • ["The applicants are to bear the respondents' costs of the proceedings on a party-party basis." 'In respect of the hearing on 5 April 2005, each party is to bear their own costs.']