Heather Alison Maciver v Hilton Nursing Home Pty Limited [2000] NSWIRComm 82

Heather Alison Maciver v Hilton Nursing Home Pty Limited [2000] NSWIRComm 82

As orders for costs in favour of the applicant were made without opposition and finally disposed of the matter, the court is now functus officio; it is too late for the respondent to seek a different order as to costs.

Parties
Applicant: Heather Alison Maciver; Respondent: Hilton Nursing Home Pty Limited
Jurisdiction
Australia
Judgment Date
22 May 2000
Procedural Posture
Application Under Section 106 and Section 365 of the Industrial Relations Act 1996 / Post Judgment Application for Costs
Outcome
respondent's application for costs refused
Legal Topics
Costs, Indemnity Costs, Offer of Compromise, Functus Officio
Industrial Relations Costs Indemnity Costs Offer of Compromise Functus Officio

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Parties

Heather Alison Maciver

Applicant

Hilton Nursing Home Pty Limited

Respondent

Procedural Posture

Application Under Section 106 and Section 365 of the Industrial Relations Act 1996 / Post Judgment Application for Costs

Legal Issues

  1. 1 Whether the court is functus officio regarding costs after making a final order
  2. 2 Whether the respondent can seek indemnity costs under Rule 216 after judgment
  3. 3 Whether the respondent’s application for different costs order is timely

Ratio Decidendi

As orders for costs in favour of the applicant were made without opposition and finally disposed of the matter, the court is now functus officio; it is too late for the respondent to seek a different order as to costs.

Court Disposition

respondent's application for costs refused

Orders

  • Respondent's application for indemnity costs is refused.