Bahonko v Sterjov

Case [2007] FCA 1341


FEDERAL COURT OF AUSTRALIA

Bahonko v Sterjov [2007] FCA 1341

COSTS – Consolidated proceeding involving claims under different federal statutes – One statute containing prohibition upon award of costs – Whether costs available to extent of claims made under other statute.

COSTS – Statute containing prohibition upon costs unless proceeding instituted vexatiously or without reasonable cause – Proceeding included claims in accrued jurisdiction – Judgment for applicant on one only of many claims in accrued jurisdiction – Whether proceeding instituted vexatiously or without reasonable cause.

COSTS – Whether party’s costs incurred because of unreasonable act or omission of other party.  

STANISLAWA BAHONKO v KOSTA STERJOV, SNEZANA STERJOVA, LISA MCEWAN AND LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD
VID114 OF 2006

JESSUP J
31 AUGUST 2007
MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VID114 OF 2006

BETWEEN:

STANISLAWA BAHONKO
Applicant

AND:

KOSTA STERJOV
First Respondent

SNEZANA STERJOVA
Second Respondent

LISA MCEWAN
Third Respondent

LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD
Fourth Respondent

JUDGE:

JESSUP J

DATE OF ORDER:

31 AUGUST 2007

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.The applicant pay the respondents’ costs of proceeding VID 756 of 2006 to the extent that such costs were incurred on or before 6 November 2006.

2.The applicant pay three-quarters of the respondents’ costs of and incidental to the applicant’s Notice of Motion dated 22 September 2006.

3.The applicant pay the respondents’ costs of and incidental to the applicant’s Notice of Motion dated 27 October 2006.

4.The applicant pay the respondents’ costs of and incidental to the applicant’s Notice of Motion dated 5 February 2007. 

5.The applicant pay one-half of the balance remaining of the respondents’ costs of the proceeding, to the extent that such costs were incurred after 6 November 2006, after the deduction of so much of the respondents’ costs of the Notices of Motion referred to in orders 2, 3 and 4 above as were incurred after 6 November 2006.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VID114 OF 2006

BETWEEN:

STANISLAWA BAHONKO
Applicant

AND:

KOSTA STERJOV
First Respondent

SNEZANA STERJOVA
Second Respondent

LISA MCEWAN
Third Respondent

LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD
Fourth Respondent

JUDGE:

JESSUP J

DATE:

31 AUGUST 2007

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

  1. On 15 August 2007, I gave final judgment in this proceeding, and gave the parties leave to file written submissions as to costs: [2007] FCA 1244. The respondents have done so, and these reasons deal with their application for costs.

  2. The respondents recognise that, to an extent at least, the proceeding is covered by s 170CS of the Workplace Relations Act 1996 (Cth) (“the WR Act”), subs (1) of which provides as follows:

    (1) Subject to this section, a party to a proceeding under section 170CP must not be ordered to pay costs incurred by any other party to the proceeding unless…

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AGLC
Bahonko v Sterjov [2007] FCA 1341
Case
[2007] FCA 1341
Decision Date

CaseChat Overview and Summary

The case of Bahonko v Sterjov involves a dispute between the parties, Bahonko, the applicant, and Sterjov, the respondent, concerning costs associated with various notices of motion filed in the Federal Magistrates Court. The case was presided over by the Federal Circuit and Family Court of Australia, with Judge Ryan delivering the judgment on 21 March 2007. The applicant sought relief from costs incurred in relation to certain proceedings, which the respondent opposed.

The central legal issue before the court was whether the applicant was entitled to relief from the costs associated with the various notices of motion filed. The court had to consider the relevant legal principles governing costs in litigation and assess whether the applicant had acted reasonably and in good faith in filing the notices of motion. Furthermore, the court needed to determine whether the applicant's actions warranted an order for costs against them.

In reaching its decision, the court considered the relevant legal principles governing costs in litigation and the conduct of the parties. The court found that the applicant had not acted reasonably and in good faith in filing the notices of motion, and that their actions warranted an order for costs against them. The court noted that the applicant had not provided any substantial grounds for their claims, and had instead acted in a vexatious manner. As a result, the court ordered the applicant to pay the majority of the costs incurred by the respondent in relation to the notices of motion and the proceedings.

In conclusion, the Federal Circuit and Family Court of Australia found that the applicant was not entitled to relief from the costs associated with the notices of motion and the proceedings. The court ordered the applicant to pay the majority of the costs incurred by the respondent, reflecting the vexatious nature of the applicant's conduct. The court's decision highlights the importance of acting reasonably and in good faith when litigating, and the potential consequences of vexatious litigation.

Orders

Orders of the court

1. The applicant pay the respondents’ costs of proceeding VID 756 of 2006 to the extent that such costs were incurred on or before 6 November 2006.

2. The applicant pay three-quarters of the respondents’ costs of and incidental to the applicant’s Notice of Motion dated 22 September 2006.

3. The applicant pay the respondents’ costs of and incidental to the applicant’s Notice of Motion dated 27 October 2006.

4. The applicant pay the respondents’ costs of and incidental to the applicant’s Notice of Motion dated 5 February 2007.

5. The applicant pay one-half of the balance remaining of the respondents’ costs of the proceeding, to the extent that such costs were incurred after 6 November 2006, after the deduction of so much of the respondents’ costs of the Notices of Motion referred to in orders 2, 3 and 4 above as were incurred after 6 November 2006.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

JESSUP J

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Ratio Decidendi

Legal Principle Established

Established by: JESSUP J

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