Paras v Public Service Body Head of the Department of Infrastructure (No 3) [2006] FCA 745

Paras v Public Service Body Head of the Department of Infrastructure (No 3) [2006] FCA 745

Workplace Relations Act 1996 (Cth) s 824(1) and s 824(2) are capable of applying to an interlocutory motion seeking discharge or stay of earlier orders. However, although the respondents' motion had very limited prospects of success, the Court was not persuaded that it was vexatious or unreasonable, instituted without reasonable cause, or pursued by unreasonable acts or omissions causing costs within s 824. The application for costs was therefore refused.

Jurisdiction
Australia
Judgment Date
15 June 2006
Procedural Posture
Workplace Relations Proceeding Concerning Costs of an Interlocutory Notice of Motion / Determination on Written Submissions of Reserved Costs After Dismissal of the Respondents' Notice of Motion Seeking Discharge or Stay of an Interlocutory Injunction
Outcome
Application for costs refused; no order as to the costs of the Notice of Motion dated 25 May 2006.
Legal Topics
['costs Under Workplace Relations Act 1996 (cth) S 824' 'interlocutory Applications' 'vexatious Proceedings' 'proceedings Instituted Without Reasonable Cause' 'unreasonable Acts or Omissions Causing Costs']
['workplace Relations' 'costs' 'civil Procedure'] ['costs Under Workplace Relations Act 1996 (cth) S 824' 'interlocutory Applications' 'vexatious Proceedings' 'proceedings Instituted Without Reasonable Cause' 'unreasonable Acts or Omissions Causing Costs']

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Procedural Posture

Workplace Relations Proceeding Concerning Costs of an Interlocutory Notice of Motion / Determination on Written Submissions of Reserved Costs After Dismissal of the Respondents' Notice of Motion Seeking Discharge or Stay of an Interlocutory Injunction

Legal Issues

  1. 1 ['Whether Workplace Relations Act 1996 (Cth) s 824(1) can apply to the costs of an interlocutory notice of motion rather than only to an originating application.' 'Whether Workplace Relations Act 1996 (Cth) s 824(2) can apply to unreasonable acts or omissions in connection with an interlocutory application.' "Whether the respondents' notice of motion seeking discharge or stay of the interlocutory injunction was instituted vexatiously or without reasonable cause." "Whether pursuit of the respondents' notice of motion involved unreasonable acts or omissions causing the applicant to incur costs."]

Ratio Decidendi

Workplace Relations Act 1996 (Cth) s 824(1) and s 824(2) are capable of applying to an interlocutory motion seeking discharge or stay of earlier orders. However, although the respondents' motion had very limited prospects of success, the Court was not persuaded that it was vexatious or unreasonable, instituted without reasonable cause, or pursued by unreasonable acts or omissions causing costs within s 824. The application for costs was therefore refused.

Court Disposition

Application for costs refused; no order as to the costs of the Notice of Motion dated 25 May 2006.

Orders

  • ['In lieu of paragraph 2 of the orders made by Young J on 26 May 2006, there be no order in respect of the costs of the Notice of Motion dated 25 May 2006.']