Trad v Jones (No 5) [2013] NSWADT 127

Trad v Jones (No 5) [2013] NSWADT 127

Because the applicant made a reasonable and genuine offer to settle by apology before significant costs were incurred, and the respondents unreasonably refused that offer, it is fair for the respondents to pay the applicant’s costs from the date of expiry of the offer.

Jurisdiction
Australia
Judgment Date
05 June 2013
Procedural Posture
Costs Application in Equal Opportunity Proceedings / Post Hearing, Costs Determination After Appeals
Outcome
Respondents ordered to pay the applicant's costs from 6 June 2007 as agreed or assessed.
Legal Topics
['costs' 'racial Vilification' 'settlement Offers' 'res Judicata' 'procedural Fairness']
['anti Discrimination Law' 'administrative Law'] ['costs' 'racial Vilification' 'settlement Offers' 'res Judicata' 'procedural Fairness']

Case Brief

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Procedural Posture

Costs Application in Equal Opportunity Proceedings / Post Hearing, Costs Determination After Appeals

Legal Issues

  1. 1 ['Whether costs applications are barred by res judicata or issue estoppel' 'Whether it is fair to award the applicant costs after an offer of settlement was refused' 'Whether it is fair to award the respondent costs relating to dismissed claims']

Ratio Decidendi

Because the applicant made a reasonable and genuine offer to settle by apology before significant costs were incurred, and the respondents unreasonably refused that offer, it is fair for the respondents to pay the applicant’s costs from the date of expiry of the offer.

Court Disposition

Respondents ordered to pay the applicant's costs from 6 June 2007 as agreed or assessed.

Orders

  • ["The respondents are to pay the applicant's costs from 6 June 2007 as agreed or assessed."]