King v Cake It Away Pty Ltd & Ors [2003] NSWIRComm 2

King v Cake It Away Pty Ltd & Ors [2003] NSWIRComm 2

Applicant has not satisfied the court that respondents should not have the usual order for costs in their favour, as there was no misconduct sufficient to justify departure from the norm.

Jurisdiction
Australia
Judgment Date
03 January 2003
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Costs
Outcome
Costs order in favour of first to seventh respondents; applicant to pay costs to be assessed in default of agreement
Legal Topics
['costs' 'misconduct in Proceedings']
['industrial Law'] ['costs' 'misconduct in Proceedings']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Costs

Legal Issues

  1. 1 ['Whether misconduct by successful respondents disentitles them from receiving a costs order in their favour']

Ratio Decidendi

Applicant has not satisfied the court that respondents should not have the usual order for costs in their favour, as there was no misconduct sufficient to justify departure from the norm.

Court Disposition

Costs order in favour of first to seventh respondents; applicant to pay costs to be assessed in default of agreement

Orders

  • ['The applicant pay the costs of the first to seventh respondents of the proceedings to be assessed in default of agreement']