Ellis v Adventureworld (WA) Pty Ltd As Trustee of The Adventureworld Unit Trust

In *Ellis v Adventureworld (WA) Pty Ltd As Trustee of The Adventureworld Unit Trust*, the applicant, Ms Ellis, brought a disability discrimination claim against the respondent, Adventureworld. The dispute concerned the respondent's application for costs following the applicant's failure to attend a scheduled hearing in person. The matter was heard in the Equal Opportunity Commission of Western Australia.

The primary legal issue before the Commission was whether the respondent was entitled to an award of costs against the applicant. A secondary issue was whether, if costs were awarded, they should be on an indemnity basis, given the applicant's non-attendance at the hearing.

The Commission considered the general principle that costs follow the event, but noted that in the Equal Opportunity Commission, costs are not awarded as of right. The Commission found that the applicant's failure to attend the hearing, without prior notification or a valid excuse, constituted an unreasonable act or omission. This failure caused the respondent to incur costs in preparing for and attending the hearing. The Commission determined that it was appropriate to award costs to the respondent, but declined to award indemnity costs, finding that the applicant, as a self-represented litigant who was not experienced in such matters, should not be subjected to the higher standard of indemnity costs.

The Commission ordered that the applicant pay the respondent's costs, to be assessed on a party and party basis.