Terry v Huge Lights Pty Limited and Others (No 4) [2007] NSWIRComm 206

Given misconduct by both parties and the respondents’ failure to comply with previous costs orders, further consideration of any costs order in favour of the respondents is stayed, pending further order of the Court.

Parties: Applicant: Martin Terry; First Respondent: Huge Lights Pty Limited; Second Respondent: Jonathon Hughes; Third Respondent: Michelle Hughes
Jurisdiction: Australia
Judgment Date: 17 August 2007
Procedural Posture: Application Under S.106 of the Industrial Relations Act 1996 / Post Dismissal Costs Determination
Outcome: Consideration of any costs order in favour of respondents stayed, pending further order of the Court.
Legal Topics: Costs Orders, Misconduct in Proceedings, Offers of Compromise, Abuse of Process

Industrial Law Costs Orders Misconduct in Proceedings Offers of Compromise Abuse of Process

Case Brief

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Parties

Martin Terry

Applicant

Huge Lights Pty Limited

First Respondent

Jonathon Hughes

Second Respondent

Michelle Hughes

Third Respondent

Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Post Dismissal Costs Determination

Legal Issues

1 Whether indemnity costs should be ordered in favour of the respondents
2 Whether the usual costs order should apply given misconduct by both parties
3 Effect of offers of compromise and abuse of process on costs determinations

Ratio Decidendi

Court Disposition

Consideration of any costs order in favour of respondents stayed, pending further order of the Court.

Orders

Further consideration of any costs order to be made in favour of the respondents is stayed, pending further order of the Court.