Playford v Toovey & anor [2005] NSWADT 63

Playford v Toovey & anor [2005] NSWADT 63

The applicant made no bona fide attempt to prosecute her complaint, failed to comply with Tribunal directions, failed to provide evidence supporting her claimed illness when directed, and failed to attend or explain her non-appearance. Her conduct caused the second respondent to incur costs unnecessarily, warranting an order that she pay the second respondent's costs.

Jurisdiction
Australia
Judgment Date
22 March 2005
Procedural Posture
Sexual Harassment Complaint; Costs Application / Decision on the Papers After Dismissal for Failure to Prosecute
Outcome
The second respondent's application for costs was granted.
Legal Topics
['sexual Harassment Complaint' 'dismissal for Failure to Prosecute' 'costs' 'non Attendance' 'failure to Comply With Tribunal Directions']
['anti Discrimination Law' 'civil Procedure'] ['sexual Harassment Complaint' 'dismissal for Failure to Prosecute' 'costs' 'non Attendance' 'failure to Comply With Tribunal Directions']

Case Brief

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Procedural Posture

Sexual Harassment Complaint; Costs Application / Decision on the Papers After Dismissal for Failure to Prosecute

Legal Issues

  1. 1 ["Whether the applicant should be ordered to pay the second respondent's costs after the complaint was dismissed under s 111(1) of the Anti-Discrimination Act 1977." "Whether the applicant's conduct in failing to attend and failing to comply with Tribunal directions justified departure from the general rule that each party pays their own costs."]

Ratio Decidendi

The applicant made no bona fide attempt to prosecute her complaint, failed to comply with Tribunal directions, failed to provide evidence supporting her claimed illness when directed, and failed to attend or explain her non-appearance. Her conduct caused the second respondent to incur costs unnecessarily, warranting an order that she pay the second respondent's costs.

Court Disposition

The second respondent's application for costs was granted.

Orders

  • ['Ms Playford is to pay the costs of Pyomon Pty Limited within 42 days of the date of the decision.' 'If the parties are unable to agree on the amount of costs, it is to be determined by a costs assessor in accordance with the Legal Profession Act 1987.']