Ryan v Commissioner of Police, NSW Police Force (No 3) [2021] FCA 408

Ryan v Commissioner of Police, NSW Police Force (No 3) [2021] FCA 408

A costs order requiring the applicant to pay 80 percent of the respondents' costs is justified as the applicant succeeded only on a discrete employment issue, which was critical but did not warrant full departure from the general rule given the circumstances.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Costs Determination Following Substantive Judgment / Post Judgment Costs Order
Outcome
Applicant is to pay 80 percent of respondents' costs.
Legal Topics
['costs' 'apportionment of Costs' 'disability Discrimination']
['administrative and Constitutional Law' 'human Rights'] ['costs' 'apportionment of Costs' 'disability Discrimination']

Case Brief

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Procedural Posture

Costs Determination Following Substantive Judgment / Post Judgment Costs Order

Legal Issues

  1. 1 ["Whether the applicant should pay the whole of the respondents' costs given mixed success on separable issues" 'Principles for apportionment of costs when a party is successful on one issue but unsuccessful overall']

Ratio Decidendi

A costs order requiring the applicant to pay 80 percent of the respondents' costs is justified as the applicant succeeded only on a discrete employment issue, which was critical but did not warrant full departure from the general rule given the circumstances.

Court Disposition

Applicant is to pay 80 percent of respondents' costs.

Orders

  • ["The applicant is to pay 80 percent of the respondents' costs to be agreed or taxed."]