Hughes v Narrabri Bowling Motel Limited (No 2) [2012] NSWADT 260

Hughes v Narrabri Bowling Motel Limited (No 2) [2012] NSWADT 260

It would not be fair to award costs to the applicant as she was successful on only one of six complaints, most complaints were dismissed, much of the costs related to the unsuccessful claims, and the circumstances surrounding the settlement offer did not warrant a departure from the general rule that each party bears their own costs.

Parties
Applicant: Jennifer Hughes; First Respondent: Narrabri Bowling Club Limited; Second Respondent: Shay Welsh; Third Respondent: Dianne Welsh
Jurisdiction
Australia
Judgment Date
10 December 2012
Procedural Posture
Costs Application / Post Substantive Decision; Application for Costs Determination
Outcome
Applicant's application for costs dismissed
Legal Topics
Costs, Sexual Harassment, Discretion to Award Costs
Equal Opportunity Law Administrative Law Costs Sexual Harassment Discretion to Award Costs

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Parties

Jennifer Hughes

Applicant

Narrabri Bowling Club Limited

First Respondent

Shay Welsh

Second Respondent

Dianne Welsh

Third Respondent

Procedural Posture

Costs Application / Post Substantive Decision; Application for Costs Determination

Legal Issues

  1. 1 Whether the applicant should be awarded costs following partial success in a discrimination matter
  2. 2 Application of the 'fairness' test under s 88 of the Administrative Decisions Tribunal Act 1997 for awarding costs

Ratio Decidendi

It would not be fair to award costs to the applicant as she was successful on only one of six complaints, most complaints were dismissed, much of the costs related to the unsuccessful claims, and the circumstances surrounding the settlement offer did not warrant a departure from the general rule that each party bears their own costs.

Court Disposition

Applicant's application for costs dismissed

Orders

  • Applicant's application for costs dismissed