McKellar v Bourke Bowling Club Ltd [2015] NSWCATAD 263
Although the applicant breached directions and contributed to delay, the respondent also exhibited similar conduct leading to delay and avoidable costs; in the circumstances, it is not fair to depart from the general rule that parties bear their own costs. Therefore, the respondent's application for costs is refused.
- Jurisdiction
- Australia
- Judgment Date
- 11 December 2015
- Procedural Posture
- Costs Application / Post Final Decision on Substantive Discrimination Complaint
- Outcome
- Respondent's application for costs is refused.
- Legal Topics
- ['application for Costs' 'discrimination Complaint' 'conduct of Parties' 'procedural Fairness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Costs Application / Post Final Decision on Substantive Discrimination Complaint
Legal Issues
- 1 ['Whether it is fair to award costs to the respondent under s88 of the Administrative Decisions Tribunal Act 1997' "Whether the applicant's conduct unnecessarily disadvantaged the respondent or prolonged proceedings" 'Whether the relative strength of the claims justifies a costs order']
Ratio Decidendi
Although the applicant breached directions and contributed to delay, the respondent also exhibited similar conduct leading to delay and avoidable costs; in the circumstances, it is not fair to depart from the general rule that parties bear their own costs. Therefore, the respondent's application for costs is refused.
Court Disposition
Respondent's application for costs is refused.
Orders
- ["The respondent's application for costs is refused."]
Full Case Text
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