Theodore Geros v Professional Steering & Suspension Centre [1995] IRCA 668

Theodore Geros v Professional Steering & Suspension Centre [1995] IRCA 668

The Applicant's solicitors failed to make a proper application to withdraw and failed to appear when the matter was listed for hearing, causing the Respondent to incur wasted preparation and adjournment costs, so they were ordered to pay the costs thrown away. The Applicant's proceeding was instituted without reasonable cause because, on the facts known to him when he commenced it, he was employed on a probationary period that was determined in advance and reasonable and therefore excluded by Regulation 30B, and he had proffered a false reference misrepresenting his skills, which provided the Respondent with a valid reason to terminate his employment. His failure to attend permitted an...

Jurisdiction
Australia
Judgment Date
12 December 1995
Procedural Posture
Alleged Unfair Termination Proceeding; Costs Applications / Ex Tempore Reasons After the Proceeding Had Been Dismissed, Determining Applications for Costs Against the Applicant's Solicitors and Against the Applicant
Outcome
Both costs applications were granted. The Applicant's solicitors were ordered to pay costs thrown away, and the Applicant was ordered to pay the Respondent's costs of the proceeding.
Legal Topics
['unfair Termination' 'costs Against Practitioners' 'proceeding Instituted Without Reasonable Cause' 'probationary Employment' 'false Employment Reference']
['industrial Law' 'practice and Procedure' 'costs'] ['unfair Termination' 'costs Against Practitioners' 'proceeding Instituted Without Reasonable Cause' 'probationary Employment' 'false Employment Reference']

Case Brief

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Procedural Posture

Alleged Unfair Termination Proceeding; Costs Applications / Ex Tempore Reasons After the Proceeding Had Been Dismissed, Determining Applications for Costs Against the Applicant's Solicitors and Against the Applicant

Legal Issues

  1. 1 ["Whether the Applicant's solicitors should pay costs thrown away as a result of the failure of the Applicant or his solicitors to appear when the matter was listed for hearing on 4 December." 'Whether the Applicant should pay the costs of the proceeding because the proceeding, having been dismissed, was instituted vexatiously or without reasonable cause pursuant to Section 347 of the Industrial Relations Act 1988.' 'Whether the Applicant was excluded from Division 3 of Part VIB of the Industrial Relations Act 1988 by Regulation 30B of the Industrial Relations Regulations because he was on a period of probation.' "Whether the Respondent could rely on the Applicant's false reference and misrepresentation as to skill as a valid reason to terminate his employment."]

Ratio Decidendi

The Applicant's solicitors failed to make a proper application to withdraw and failed to appear when the matter was listed for hearing, causing the Respondent to incur wasted preparation and adjournment costs, so they were ordered to pay the costs thrown away. The Applicant's proceeding was instituted without reasonable cause because, on the facts known to him when he commenced it, he was employed on a probationary period that was determined in advance and reasonable and therefore excluded by Regulation 30B, and he had proffered a false reference misrepresenting his skills, which provided the Respondent with a valid reason to terminate his employment. His failure to attend permitted an...

Court Disposition

Both costs applications were granted. The Applicant's solicitors were ordered to pay costs thrown away, and the Applicant was ordered to pay the Respondent's costs of the proceeding.

Orders

  • ['Messrs Testart, Robinson and Pitts, Solicitors of 701 Station Street, Box Hill pay to the Respondent the sum of $2466 within 28 days.' "The Applicant pay the Respondent's costs of the proceeding fixed at $2016 within 28 days."]