Scanruby v Caltex [2001] NSWIRComm 172

Scanruby v Caltex [2001] NSWIRComm 172

There was no conduct by the respondents of the kind required by the authorities to justify departing from the general rule that costs follow the event; the applicant entered occupation knowing the express term was five years, and the circumstances did not warrant ordering costs in favour of the applicant.

Parties
Applicant: Scanruby Pty Limited; First Respondent: Caltex Petroleum Pty Limited; Second Respondent: Caltex Australia Petroleum Pty Limited
Jurisdiction
Australia
Judgment Date
03 August 2001
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Judgment Re Costs
Outcome
order that applicant pay respondents' costs; order stayed pending appeal
Legal Topics
Costs, Application to Displace General Rule on Costs, Exercise of Discretion
Industrial Relations Costs Application to Displace General Rule on Costs Exercise of Discretion

Case Brief

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Parties

Scanruby Pty Limited

Applicant

Caltex Petroleum Pty Limited

First Respondent

Caltex Australia Petroleum Pty Limited

Second Respondent

Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Judgment Re Costs

Legal Issues

  1. 1 Whether the Commission should exercise its discretion to displace the general rule on costs in favour of the unsuccessful applicant

Ratio Decidendi

There was no conduct by the respondents of the kind required by the authorities to justify departing from the general rule that costs follow the event; the applicant entered occupation knowing the express term was five years, and the circumstances did not warrant ordering costs in favour of the applicant.

Court Disposition

order that applicant pay respondents' costs; order stayed pending appeal

Orders

  • Applicant to pay respondents’ costs as agreed or as assessed, including costs for the hearing of 27 April 2001.
  • Order stayed pending hearing and determination of appeal proceedings.