Karakus v Australian Prudential Regulation Authority [2000] FCA 1551

Karakus v Australian Prudential Regulation Authority [2000] FCA 1551

The applicant's settlement offer was not one that the respondent ought reasonably to have accepted, particularly because it required each party to pay their own costs and the respondent wished to settle all proceedings involving the applicant. Accordingly, although leave to discontinue was granted, the applicant was ordered to pay the respondent's costs, with the costs order deferred for six weeks.

Jurisdiction
Australia
Judgment Date
26 October 2000
Procedural Posture
Application Under the Human Rights and Equal Opportunity Commission Act 1986 (cth) Alleging Unlawful Discrimination Under the Sex Discrimination Act 1984 (cth) / Application for Leave to Discontinue Proceedings; Costs Determination
Outcome
Applicant granted leave to discontinue; applicant ordered to pay the respondent's costs, with the costs order to take effect six weeks from 26 October 2000.
Legal Topics
['sex Discrimination' 'discontinuance of Proceedings' 'costs' 'settlement Offers']
['discrimination Law' 'civil Procedure'] ['sex Discrimination' 'discontinuance of Proceedings' 'costs' 'settlement Offers']

Case Brief

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Procedural Posture

Application Under the Human Rights and Equal Opportunity Commission Act 1986 (cth) Alleging Unlawful Discrimination Under the Sex Discrimination Act 1984 (cth) / Application for Leave to Discontinue Proceedings; Costs Determination

Legal Issues

  1. 1 ['Whether the applicant should have leave to discontinue the proceedings.' "Whether the applicant should pay the respondent's costs of the proceedings notwithstanding an earlier settlement offer made by the applicant."]

Ratio Decidendi

The applicant's settlement offer was not one that the respondent ought reasonably to have accepted, particularly because it required each party to pay their own costs and the respondent wished to settle all proceedings involving the applicant. Accordingly, although leave to discontinue was granted, the applicant was ordered to pay the respondent's costs, with the costs order deferred for six weeks.

Court Disposition

Applicant granted leave to discontinue; applicant ordered to pay the respondent's costs, with the costs order to take effect six weeks from 26 October 2000.

Orders

  • ['The applicant has leave to discontinue the proceedings.' "The applicant pay the respondent's costs of the proceedings." 'Order 2 take effect six weeks from today.']