Ewin v Vergara (No 4) [2013] FCA 1409

Ewin v Vergara (No 4) [2013] FCA 1409

The respondent sexually harassed the applicant in violation of s 28B(6) of the Sex Discrimination Act 1984 (Cth), and compensation including interest of $210,563 was awarded. Costs except for interstate practitioners' travel were awarded to the applicant because the use of interstate counsel was not justified by unavailability of Melbourne-based lawyers. No apportionment of costs was warranted for the applicant's minor unsuccessful claim.

Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Civil / Post Trial Judgment and Orders on Compensation and Costs
Outcome
Application allowed in part; declarations made; compensation and interest awarded; costs awarded with exceptions; confidentiality orders made.
Legal Topics
['damages' 'sexual Harassment' 'double Recovery' 'costs—interstate Representation']
['anti Discrimination Law' 'employment Law' 'civil Procedure'] ['damages' 'sexual Harassment' 'double Recovery' 'costs—interstate Representation']

Case Brief

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Procedural Posture

Civil / Post Trial Judgment and Orders on Compensation and Costs

Legal Issues

  1. 1 ["Whether the respondent's conduct constituted sexual harassment in contravention of s 28B(6) of the Sex Discrimination Act 1984 (Cth)" 'Whether compensation and interest were properly calculated to avoid double recovery' 'Whether travel and related costs for interstate practitioners should be disallowed' 'Whether costs should be apportioned due to partially unsuccessful claim']

Ratio Decidendi

The respondent sexually harassed the applicant in violation of s 28B(6) of the Sex Discrimination Act 1984 (Cth), and compensation including interest of $210,563 was awarded. Costs except for interstate practitioners' travel were awarded to the applicant because the use of interstate counsel was not justified by unavailability of Melbourne-based lawyers. No apportionment of costs was warranted for the applicant's minor unsuccessful claim.

Court Disposition

Application allowed in part; declarations made; compensation and interest awarded; costs awarded with exceptions; confidentiality orders made.

Orders

  • ['Declaration of contraventions of s 28B(6) Sex Discrimination Act 1984 (Cth) on specified dates/events.' 'Respondent to pay applicant $210,563 by 31 January 2014 as compensation and interest.' "Respondent to pay applicant's costs, excluding travel and related costs of interstate legal representatives, to be taxed...