Sinadinos v EDI Rail Pty Limited (No 2) [2008] NSWIRComm 50

Sinadinos v EDI Rail Pty Limited (No 2) [2008] NSWIRComm 50

Although the applicant obtained relief overall, his success was limited to a discrete issue that occupied only a small part of the proceedings, while the respondent defeated the significant notice claim. It would not be fair for either party to recover all costs from the other, and allowing for costs that would have been incurred in any event, the just order was that each party bear his or its own costs and no costs order be made.

Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Costs
Outcome
Each party to pay his or its own costs; no costs order made.
Legal Topics
['unfair Contract Proceedings' 'costs Discretion' 'multiple Issues' 'partial Success']
['industrial Relations' 'costs'] ['unfair Contract Proceedings' 'costs Discretion' 'multiple Issues' 'partial Success']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Costs

Legal Issues

  1. 1 ['What costs order should be made where the applicant obtained relief overall but succeeded only on a discrete issue that occupied a small part of the proceedings and failed on the significant claim.' "Whether the respondent should pay the applicant's costs, the applicant should pay 50% of the respondent's costs, or each party should bear its own costs."]

Ratio Decidendi

Although the applicant obtained relief overall, his success was limited to a discrete issue that occupied only a small part of the proceedings, while the respondent defeated the significant notice claim. It would not be fair for either party to recover all costs from the other, and allowing for costs that would have been incurred in any event, the just order was that each party bear his or its own costs and no costs order be made.

Court Disposition

Each party to pay his or its own costs; no costs order made.

Orders

  • ['Each party should be required to pay his or its own costs.' 'No costs order made.']