Creek v Cairns Post Pty Ltd

[2001] FCA 1150

FEDERAL COURT OF AUSTRALIA

Creek v Cairns Post Pty Ltd [2001] FCA 1150

PATRICIA DONNA CREEK v CAIRNS POST PTY LTD
Q 4 OF 2001

KIEFEL J
BRISBANE (Heard in Townsville)
20 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q4 OF 2001

BETWEEN:	PATRICIA DONNA CREEK APPLICANT
AND:	CAIRNS POST PTY LTD RESPONDENT
JUDGE:	KIEFEL J
DATE OF ORDER:	20 AUGUST 2001
WHERE MADE:	BRISBANE (Heard in Townsville)

THE COURT ORDERS THAT:

1.The applicant pay one-half of the costs incurred by the respondent in the proceedings, including reserved costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q4 OF 2001

BETWEEN:	PATRICIA DONNA CREEK APPLICANT
AND:	CAIRNS POST PTY LTD RESPONDENT

JUDGE:	KIEFEL J
DATE:	20 AUGUST 2001
PLACE:	BRISBANE (Heard in  Townsville)

REASONS FOR JUDGMENT
(Costs)

1. Neither the Racial Discrimination Act 1975 nor the Human Rights and Equal Opportunity Act 1986 provide that costs are not to be awarded in cases of this kind.  The applicant was unsuccessful in her application. 

2. There was always going to be a difficulty for the applicant in proving the second limb of s 18C(1) RDA.  The only matter which seems to me to weigh against the applicant being ordered to pay the respondent’s costs in the proceedings is the time taken in the hearing on the defence raised by the respondent, which I found would not have been available to it.  Indeed it was upon the basis that the provisions of s 18D had not been judicially considered, that the matter remained in this Court when it would otherwise have been transferred to the Magistrates’ Court with consequent savings on costs.  Taking these matters into account I consider it appropriate to order that the applicant pay one-half of the costs incurred by the respondent in the proceedings, including reserved costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Kiefel .

Associate:
Dated:             20 August 2001

Counsel for the Applicant:	Mr Bradshaw
Solicitor for the Applicant:	Bevan and Griffiths
Counsel for the Respondent:	Ms Brennan
Solicitor for the Respondent:	Miller Harris
Date of Hearing:	9 July 2001,  3 August 2001 (Submissions on Costs)
Date of Judgment:	20 August 2001