Bahonko v Sterjov [2007] FCA 1341

Bahonko v Sterjov [2007] FCA 1341

The respondents were entitled to ordinary costs for the HREOC Act proceeding, including after consolidation, because the separate federal HREOC Act claims were not caught by s 170CS of the WR Act. Post-consolidation costs not otherwise specifically dealt with were fairly allocated by awarding the respondents one half of those costs. The WR Act proceeding as a whole was not instituted vexatiously or without reasonable cause because the applicant succeeded on her defamation claim, but specified interlocutory motions were misconceived or unreasonable and justified costs orders under ordinary principles or s 170CS(1)(b).

Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Costs Application in a Consolidated Federal Court Proceeding Involving Claims Under the Workplace Relations Act 1996 (cth) and the Human Rights and Equal Opportunity Act 1996 (cth) / After Final Judgment, on Written Submissions as to Costs
Outcome
Respondents' application for costs allowed in part; applicant ordered to pay specified respondents' costs.
Legal Topics
['statutory Prohibition on Costs Under the Workplace Relations Act 1996 (cth)' 'costs in Consolidated Proceedings Involving Different Federal Statutes' 'accrued Jurisdiction' 'proceedings Instituted Vexatiously or Without Reasonable Cause' 'costs Caused by Unreasonable Act or Omission' 'interlocutory Motions for Joinder, Discovery, Subpoenas and Disqualification']
['costs' 'employment Law' 'anti Discrimination Law' 'federal Civil Procedure'] ['statutory Prohibition on Costs Under the Workplace Relations Act 1996 (cth)' 'costs in Consolidated Proceedings Involving Different Federal Statutes' 'accrued Jurisdiction' 'proceedings Instituted Vexatiously or Without Reasonable Cause' 'costs Caused by Unreasonable Act or Omission' 'interlocutory Motions for Joinder, Discovery, Subpoenas and Disqualification']

Case Brief

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Procedural Posture

Costs Application in a Consolidated Federal Court Proceeding Involving Claims Under the Workplace Relations Act 1996 (cth) and the Human Rights and Equal Opportunity Act 1996 (cth) / After Final Judgment, on Written Submissions as to Costs

Legal Issues

  1. 1 ['Whether s 170CS of the Workplace Relations Act 1996 (Cth) prevented a costs order in respect of claims brought under the Human Rights and Equal Opportunity Act 1996 (Cth) after consolidation with Workplace Relations Act claims.' 'Whether the Workplace Relations Act proceeding was instituted vexatiously or without reasonable cause so as to lift the statutory costs prohibition.' 'Whether particular acts or omissions of the applicant were unreasonable within s 170CS(1)(b) and caused the respondents to incur costs.' 'How to allocate post-consolidation costs between claims under different federal statutes and claims affected by the Workplace Relations Act costs prohibition.']

Ratio Decidendi

The respondents were entitled to ordinary costs for the HREOC Act proceeding, including after consolidation, because the separate federal HREOC Act claims were not caught by s 170CS of the WR Act. Post-consolidation costs not otherwise specifically dealt with were fairly allocated by awarding the respondents one half of those costs. The WR Act proceeding as a whole was not instituted vexatiously or without reasonable cause because the applicant succeeded on her defamation claim, but specified interlocutory motions were misconceived or unreasonable and justified costs orders under ordinary principles or s 170CS(1)(b).

Court Disposition

Respondents' application for costs allowed in part; applicant ordered to pay specified respondents' costs.

Orders

  • ["The applicant pay the respondents' costs of proceeding VID 756 of 2006 to the extent that such costs were incurred on or before 6 November 2006." "The applicant pay three-quarters of the respondents' costs of and incidental to the applicant's Notice of Motion dated 22 September 2006." "The applicant pay the...