Pascale Bourot v New South Wales Department of Public Works and Services & Anor [2004] NSWIRComm 72

Pascale Bourot v New South Wales Department of Public Works and Services & Anor [2004] NSWIRComm 72

The appellant was given adequate opportunity to make submissions regarding costs and failed to do so; no denial of natural justice occurred. As respondents were successful (except for a minor correction, consented to), and there was no misconduct, the usual rule would require appellant to pay respondents' costs. However, due to the interlocutory nature and appellant's personal circumstances, the costs order is made but not payable until after the substantive application is determined.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Appeal / Costs Determination After Appeal
Outcome
Appellant to pay respondents' costs of the appeal, order not payable before determination of the substantive application.
Legal Topics
['costs' 'natural Justice' 'procedural Fairness' 'employment Law' 'public Sector Employment' 'medical Retirement']
['industrial Law'] ['costs' 'natural Justice' 'procedural Fairness' 'employment Law' 'public Sector Employment' 'medical Retirement']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 ['Whether a costs order should be made in favour of respondents after an unsuccessful appeal' 'Whether the usual rule as to costs applies or should be departed from given the circumstances' "Whether adjournment and indefinite stay should be granted due to appellant's representation difficulties" 'Whether appellant was denied natural justice in the conduct of the proceedings']

Ratio Decidendi

The appellant was given adequate opportunity to make submissions regarding costs and failed to do so; no denial of natural justice occurred. As respondents were successful (except for a minor correction, consented to), and there was no misconduct, the usual rule would require appellant to pay respondents' costs. However, due to the interlocutory nature and appellant's personal circumstances, the costs order is made but not payable until after the substantive application is determined.

Court Disposition

Appellant to pay respondents' costs of the appeal, order not payable before determination of the substantive application.

Orders

  • ['Appellant to pay respondents’ costs of appeal as agreed or assessed, payment to be deferred until after conclusion of substantive application.']