Bourot v New South Wales Department of Public Works and Services & Anor (No 2) [2002] NSWIRComm 201

Bourot v New South Wales Department of Public Works and Services & Anor (No 2) [2002] NSWIRComm 201

Summary judgment on admissions is inappropriate where serious questions of fact or law remain to be determined even if admissions are made, and the applicant did not demonstrate a clear and unanswerable case. The provisions of the Protected Disclosures Act 1994 and s405 of the Industrial Relations Act 1996 are not relevant to the court's discretionary power to award costs. Accordingly, both the application for summary judgment and the resistance to a costs order were misconceived, and costs should follow the event.

Jurisdiction
Australia
Judgment Date
22 August 2002
Procedural Posture
Interlocutory Application / Judgment on Notice of Motion for Summary Judgment on Admissions and Costs
Outcome
Application for summary judgment and orders for setting aside notice to produce dismissed; costs awarded to respondents.
Legal Topics
['costs' 'summary Judgment' 'declaratory Relief' 'admissions' 'discretionary Relief']
['industrial Law'] ['costs' 'summary Judgment' 'declaratory Relief' 'admissions' 'discretionary Relief']

Case Brief

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Procedural Posture

Interlocutory Application / Judgment on Notice of Motion for Summary Judgment on Admissions and Costs

Legal Issues

  1. 1 ['Whether summary judgment on admissions should be granted where substantial factual or legal questions remain' 'Whether the Protected Disclosures Act or s405 of the Industrial Relations Act 1996 affects the discretion to award costs' 'Appropriateness of awarding costs against the applicant in interlocutory proceedings']

Ratio Decidendi

Summary judgment on admissions is inappropriate where serious questions of fact or law remain to be determined even if admissions are made, and the applicant did not demonstrate a clear and unanswerable case. The provisions of the Protected Disclosures Act 1994 and s405 of the Industrial Relations Act 1996 are not relevant to the court's discretionary power to award costs. Accordingly, both the application for summary judgment and the resistance to a costs order were misconceived, and costs should follow the event.

Court Disposition

Application for summary judgment and orders for setting aside notice to produce dismissed; costs awarded to respondents.

Orders

  • ['The notice of motion insofar as it seeks orders in paras A(1) and (3) is dismissed.' "The applicant is to pay the respondents' costs of those parts of the notice of motion to be assessed in default of agreement."]