Creek v Cairns Post Pty Ltd [2001] FCA 1150

Creek v Cairns Post Pty Ltd [2001] FCA 1150

The applicant was unsuccessful and no cited statute precluded an award of costs, but a full costs order was not appropriate because significant hearing time was taken by a defence raised by the respondent that was not available to it, and the matter remained in the Federal Court because s 18D had not been judicially considered. The applicant was therefore ordered to pay one-half of the respondent's costs, including reserved costs.

Jurisdiction
Australia
Judgment Date
20 August 2001
Procedural Posture
Costs in Application Under the Racial Discrimination Act 1975 / Reasons for Judgment on Costs After Unsuccessful Application
Outcome
Applicant ordered to pay one-half of the respondent's costs.
Legal Topics
['costs' 'racial Discrimination' 's 18 C(1) Rda' 's 18 D Defence']
['anti Discrimination Law' 'civil Procedure'] ['costs' 'racial Discrimination' 's 18 C(1) Rda' 's 18 D Defence']

Case Brief

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Procedural Posture

Costs in Application Under the Racial Discrimination Act 1975 / Reasons for Judgment on Costs After Unsuccessful Application

Legal Issues

  1. 1 ['Whether costs should be awarded against the unsuccessful applicant.' "Whether the respondent's unavailable s 18D defence and the time taken in the hearing on that defence warranted reducing the costs payable."]

Ratio Decidendi

The applicant was unsuccessful and no cited statute precluded an award of costs, but a full costs order was not appropriate because significant hearing time was taken by a defence raised by the respondent that was not available to it, and the matter remained in the Federal Court because s 18D had not been judicially considered. The applicant was therefore ordered to pay one-half of the respondent's costs, including reserved costs.

Court Disposition

Applicant ordered to pay one-half of the respondent's costs.

Orders

  • ['The applicant pay one-half of the costs incurred by the respondent in the proceedings, including reserved costs.']