Ryan v Commissioner of Police, NSW Police Force (No 5) [2023] FCA 1478

Ryan v Commissioner of Police, NSW Police Force (No 5) [2023] FCA 1478

The Court declined to alter the prior 80 percent costs apportionment because the respondents' construction argument was not shown to be unreasonable, resolving the construction of the LSC Guidelines was necessary to determine the applicant's claims, the construction issue was not discrete or separate, and the evidence and expense would have been necessary regardless of the construction dispute. The applicant therefore remained liable for 80 percent of the respondents' costs for the earlier period, and for the respondents' costs of the remitted proceeding.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Costs / Determined on the Papers After Remitter and Dismissal of the Remitted Proceeding
Outcome
Applicant ordered to pay 80 percent of the respondents' earlier costs, the respondents' costs of the remitted proceeding, and the respondents' costs of the unsuccessful apportionment aspect of the interlocutory application; otherwise no order as to costs of the interlocutory application.
Legal Topics
['costs Apportionment' 'issue Based Costs' 'disability Discrimination Claims' 'remitter From Full Court']
['costs' 'discrimination Law'] ['costs Apportionment' 'issue Based Costs' 'disability Discrimination Claims' 'remitter From Full Court']

Case Brief

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Procedural Posture

Costs / Determined on the Papers After Remitter and Dismissal of the Remitted Proceeding

Legal Issues

  1. 1 ["Whether the applicant should pay the respondents' costs of the remitted proceeding." 'Whether the previous 80 percent costs apportionment for the proceedings in Ryan should be changed to 50 percent after the Full Court set aside the original costs order.' "Whether the respondents' unsuccessful construction of the LSC Guidelines justified further apportionment of costs."]

Ratio Decidendi

The Court declined to alter the prior 80 percent costs apportionment because the respondents' construction argument was not shown to be unreasonable, resolving the construction of the LSC Guidelines was necessary to determine the applicant's claims, the construction issue was not discrete or separate, and the evidence and expense would have been necessary regardless of the construction dispute. The applicant therefore remained liable for 80 percent of the respondents' costs for the earlier period, and for the respondents' costs of the remitted proceeding.

Court Disposition

Applicant ordered to pay 80 percent of the respondents' earlier costs, the respondents' costs of the remitted proceeding, and the respondents' costs of the unsuccessful apportionment aspect of the interlocutory application; otherwise no order as to costs of the interlocutory application.

Orders

  • ["The applicant pay 80 percent of the respondents' costs as agreed or assessed from the granting of leave to make the application on 27 September 2019 to the date of the decision in Ryan v Commissioner of Police, NSW Police Force (No 3) [2021] FCA 408 on 23 April 2021." "The applicant pay the respondents' costs as...