Tam Minh Pham v Prime Marble & Granite Pty Ltd & ors [2006] NSWIRComm 292

Tam Minh Pham v Prime Marble & Granite Pty Ltd & ors [2006] NSWIRComm 292

As some claims have been transferred to the Local Court and the terms of the fee contract may remain relevant, it is premature to order costs; the motion for costs is deferred until the determination of the related Local Court proceedings.

Jurisdiction
Australia
Judgment Date
07 September 2006
Procedural Posture
Interlocutory Application in Industrial Relations Proceeding / Decision on Costs Motion; Proceedings Stood Over, Costs Reserved Pending Related Local Court Outcome
Outcome
Motion for costs reserved; proceedings stood over; costs to be reconsidered after outcome of Local Court proceedings.
Legal Topics
['costs' 'case Management' 'employment Contracts' 'jurisdiction' 'stay of Proceedings']
['industrial Law'] ['costs' 'case Management' 'employment Contracts' 'jurisdiction' 'stay of Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application in Industrial Relations Proceeding / Decision on Costs Motion; Proceedings Stood Over, Costs Reserved Pending Related Local Court Outcome

Legal Issues

  1. 1 ['Whether costs should be awarded to respondents due to applicant abandoning part of claim' 'Whether proceedings should be stayed pending determination of Local Court proceedings' 'Relevance of contract terms to residual claims']

Ratio Decidendi

As some claims have been transferred to the Local Court and the terms of the fee contract may remain relevant, it is premature to order costs; the motion for costs is deferred until the determination of the related Local Court proceedings.

Court Disposition

Motion for costs reserved; proceedings stood over; costs to be reconsidered after outcome of Local Court proceedings.

Orders

  • ['Proceedings stood over; motion for costs reserved.' 'Liberty to apply to have matter relisted after Local Court proceedings.' 'Solicitors to exchange and provide to clients assessments of costs incurred and likely to be incurred.']