Zoltaszek v Downer EDI Engineering Pty Ltd (No 2) [2011] FCA 784

Zoltaszek v Downer EDI Engineering Pty Ltd (No 2) [2011] FCA 784

Because the appeal had been dismissed and no reason was identified to depart from the ordinary rule that costs follow the event, and the Respondent did not rely on an offer of compromise or presumptive entitlement to indemnity costs, the Appellant was ordered to pay the Respondent's costs.

Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Costs / Costs Determination After Appeal Dismissed
Outcome
The Appellant is to pay the costs of the Respondent.
Legal Topics
['costs to Follow the Event' 'indemnity Costs' 'offer of Compromise' 'disability Discrimination']
['costs' 'discrimination Law'] ['costs to Follow the Event' 'indemnity Costs' 'offer of Compromise' 'disability Discrimination']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Costs / Costs Determination After Appeal Dismissed

Legal Issues

  1. 1 ['Whether the ordinary rule that costs follow the event should apply to the costs of the appeal.' 'Whether there was any reason to depart from the ordinary rule or order indemnity costs.']

Ratio Decidendi

Because the appeal had been dismissed and no reason was identified to depart from the ordinary rule that costs follow the event, and the Respondent did not rely on an offer of compromise or presumptive entitlement to indemnity costs, the Appellant was ordered to pay the Respondent's costs.

Court Disposition

The Appellant is to pay the costs of the Respondent.

Orders

  • ['The Appellant is to pay the costs of the Respondent.']