Reddy v International Cargo Express [2005] NSWADT 3

Reddy v International Cargo Express [2005] NSWADT 3

The respondent's excessive 28 day delay in filing and serving evidence, incomplete and unmarked amended material, late explanation for non-production under summons, and resulting disruption of the hearing timetable prejudiced the applicant and largely caused the need for the 19 April 2004 directions hearing and the adjournment request on 3 May 2004. Those combined circumstances justified exercising the discretion under s 114(2) of the Anti-Discrimination Act 1977 to make a limited costs order confined to the 19 April directions hearing and costs thrown away on 3 May 2004.

Jurisdiction
Australia
Judgment Date
10 January 2005
Procedural Posture
Costs Application Under S 114(2) of the Anti Discrimination Act 1977 / Decision on the Papers Following Substantive Discrimination Decision
Outcome
Costs awarded to the applicant in part.
Legal Topics
['costs in Equal Opportunity Division Proceedings' 'discretion to Depart From Usual Costs Rule' 'party Conduct Causing Delay and Prejudice' "carer's Responsibilities Discrimination"]
['anti Discrimination Law' 'administrative Law' 'costs'] ['costs in Equal Opportunity Division Proceedings' 'discretion to Depart From Usual Costs Rule' 'party Conduct Causing Delay and Prejudice' "carer's Responsibilities Discrimination"]

Case Brief

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Procedural Posture

Costs Application Under S 114(2) of the Anti Discrimination Act 1977 / Decision on the Papers Following Substantive Discrimination Decision

Legal Issues

  1. 1 ['Whether the circumstances of the case justified an order for costs under s 114(2) of the Anti-Discrimination Act 1977.' "Whether the respondent's late evidence, non-compliance with directions and summons issues disadvantaged the applicant and warranted departure from the usual costs rule."]

Ratio Decidendi

The respondent's excessive 28 day delay in filing and serving evidence, incomplete and unmarked amended material, late explanation for non-production under summons, and resulting disruption of the hearing timetable prejudiced the applicant and largely caused the need for the 19 April 2004 directions hearing and the adjournment request on 3 May 2004. Those combined circumstances justified exercising the discretion under s 114(2) of the Anti-Discrimination Act 1977 to make a limited costs order confined to the 19 April directions hearing and costs thrown away on 3 May 2004.

Court Disposition

Costs awarded to the applicant in part.

Orders

  • ["The respondent to pay the applicant's legal costs incurred in respect of the 19 April 2004 directions hearing and the costs thrown away on 3 May 2004." "If the parties are unable to agree on the amount of costs within 28 days, costs are to be determined by a costs' assessor in accordance with the Legal Profession...