Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill (No 2) [2008] FCA 1628

Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill (No 2) [2008] FCA 1628

The Court determined that the rejection of the respondent's offer was not unreasonable within the meaning of s 824 of the Workplace Relations Act 1996 (Cth); nor was the application for the stay incompetent or unsupportable. Therefore, there should be no order as to costs.

Parties
First Appellant: Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023); Second Appellant: Cecily Robertson; Respondent: Jane Christine Cargill
Jurisdiction
Australia
Judgment Date
05 November 2008
Procedural Posture
Appeal / Post Interlocutory Application for Costs After Stay Order
Outcome
No order as to costs
Legal Topics
Costs, Indemnity Costs, Workplace Relations Act
Employment Law Civil Procedure Costs Indemnity Costs Workplace Relations Act

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Parties

Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023)

First Appellant

Cecily Robertson

Second Appellant

Jane Christine Cargill

Respondent

Procedural Posture

Appeal / Post Interlocutory Application for Costs After Stay Order

Legal Issues

  1. 1 Whether rejection of the respondent's offer was unreasonable for the purposes of costs under s 824 of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether an order for indemnity costs should be made

Ratio Decidendi

The Court determined that the rejection of the respondent's offer was not unreasonable within the meaning of s 824 of the Workplace Relations Act 1996 (Cth); nor was the application for the stay incompetent or unsupportable. Therefore, there should be no order as to costs.

Court Disposition

No order as to costs

Orders

  • There be no order as to costs in relation to the orders of 9 September 2008 made in Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill [2008] FCA 1382.