JOHNSTON v MILSTERN SALES PTY LTD [1997] IRCA 46

JOHNSTON v MILSTERN SALES PTY LTD [1997] IRCA 46

Security for costs was appropriate because the Court had power to order it, the review followed a prior judicial determination by a Judicial Registrar, the applicant was bankrupt and unable to meet any costs order, the review appeared likely to fail on the applicant's own evidence, and there was a real prospect that the respondent could show the review was brought vexatiously or without reasonable cause so as to obtain costs notwithstanding s 347 of the Workplace Relations Act 1996 (Cth).

Jurisdiction
Australia
Judgment Date
28 February 1997
Procedural Posture
Industrial Relations Unlawful Termination Proceeding Under S 170 EA of the Workplace Relations Act 1996 (cth) / Respondent's Application for Security for Costs and Stay of the Applicant's Review of a Judicial Registrar's Dismissal of the Application
Outcome
Security for costs ordered; review proceedings to be stayed if security is not provided.
Legal Topics
['unlawful Termination' 'security for Costs' "review of Judicial Registrar's Order" 'costs in Workplace Relations Act Proceedings' 'impecuniosity and Bankruptcy']
['industrial Relations' 'employment Law' 'civil Procedure' 'bankruptcy'] ['unlawful Termination' 'security for Costs' "review of Judicial Registrar's Order" 'costs in Workplace Relations Act Proceedings' 'impecuniosity and Bankruptcy']

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Procedural Posture

Industrial Relations Unlawful Termination Proceeding Under S 170 EA of the Workplace Relations Act 1996 (cth) / Respondent's Application for Security for Costs and Stay of the Applicant's Review of a Judicial Registrar's Dismissal of the Application

Legal Issues

  1. 1 ['Whether the Industrial Relations Court of Australia had power to order security for costs in proceedings under the Workplace Relations Act 1996 (Cth).' "Whether security for costs should be ordered against an impecunious bankrupt applicant seeking review of a Judicial Registrar's dismissal of an unlawful termination application." 'Whether the potential operation of s 347(1) of the Workplace Relations Act 1996 (Cth) affected the decision to order security for costs.' 'Whether the review had sufficient prospects of success to justify allowing it to proceed without security.']

Ratio Decidendi

Security for costs was appropriate because the Court had power to order it, the review followed a prior judicial determination by a Judicial Registrar, the applicant was bankrupt and unable to meet any costs order, the review appeared likely to fail on the applicant's own evidence, and there was a real prospect that the respondent could show the review was brought vexatiously or without reasonable cause so as to obtain costs notwithstanding s 347 of the Workplace Relations Act 1996 (Cth).

Court Disposition

Security for costs ordered; review proceedings to be stayed if security is not provided.

Orders

  • ['The applicant provide security for costs in a form and manner satisfactory to the Registrar of the Court in the sum of $2000 within 28 days of the date of this judgment.' 'In the event that security is not provided in accordance with order 1, the application for review be stayed.']