Trad v Jones (No 8). [2015] NSWCATAD 64

Trad v Jones (No 8). [2015] NSWCATAD 64

It is fair for the Respondents to pay the Applicant's costs of the remitted proceedings because the unreasonable rejection of a reasonable offer of settlement significantly contributed to the Applicant's incurrence of costs; this fairness is not diminished by the remitted proceedings and is consistent with the legislative regime governing costs awards in this Tribunal.

Parties
Applicant: Keysar Trad; First Respondent: Alan Jones; Second Respondent: Harbour Radio Pty Ltd
Jurisdiction
Australia
Judgment Date
07 April 2015
Procedural Posture
Civil Tribunal Proceeding / Costs Determination After Remittal
Outcome
Respondents to pay Applicant's costs of remitted proceedings except for costs thrown away by adjournment of 11 May 2014; costs as agreed or assessed under Legal Profession Act 2004 (NSW)
Legal Topics
Costs, Racial Vilification, Public Interest Exception
Administrative Law Equal Opportunity Law Anti Discrimination Law Costs Racial Vilification Public Interest Exception

Case Brief

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Parties

Keysar Trad

Applicant

Alan Jones

First Respondent

Harbour Radio Pty Ltd

Second Respondent

Procedural Posture

Civil Tribunal Proceeding / Costs Determination After Remittal

Legal Issues

  1. 1 Whether it is fair for respondents to pay the applicant's costs of remitted proceedings under the Anti-Discrimination Act 1977
  2. 2 Whether refusal to accept a prior settlement offer justifies a costs award

Ratio Decidendi

It is fair for the Respondents to pay the Applicant's costs of the remitted proceedings because the unreasonable rejection of a reasonable offer of settlement significantly contributed to the Applicant's incurrence of costs; this fairness is not diminished by the remitted proceedings and is consistent with the legislative regime governing costs awards in this Tribunal.

Court Disposition

Respondents to pay Applicant's costs of remitted proceedings except for costs thrown away by adjournment of 11 May 2014; costs as agreed or assessed under Legal Profession Act 2004 (NSW)

Orders

  • The Respondents are to pay the Applicant's costs of these remitted proceedings, apart from the costs thrown away by the adjournment of 11 May 2014, as agreed or, if not agreed, as assessed in accordance with the Legal Profession Act 2004 (NSW).