FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FLEW v MIRVAC PARKING PTY LTD | [2006] FMCA 1818 |
| HUMAN RIGHTS – Application for order specifying maximum costs under Rule 21.03 of the Federal Magistrates Court Rules – relevant factors. |
| Human Rights and Equal Opportunity Commission Act 1986 Disability Discrimination Act 1992 Federal Magistrates Act 1999 Federal Court of Australia Act 1976 Federal Magistrates Court Rules Federal Court Rules |
| Ball v Morgan [2001] FMCA 127 Fetherson v Peninsula Health (No 2) (2004) 137 FCR 262 Gluyas v Commonwealth of Australia (No 2) [2004] FMCA 359 Hanisch v Strive Pty Ltd (1997) 74 FCR 384 Hollingdale v North Coast Area Health Service No 2 [2006] FMCA 585 Hughes v Western Australian Cricket Association (Inc) [1986] FCA 2491 IW v City of Perth (1997) 191 CLR 1 Muller v Human Rights and Equal Opportunity Commission & Anor [1997] FCA 634 Oshlack v Richmond River Shire Council (1994) 82 LGERA 236 Purvis v New South Wales Department of Education and Training (2003) 202 ALR 133 Ritter v Godfrey [1920] 2 KB 47 Sacks v Permanent Trustee Australia Limited (1993) 118 ALR 265 Woodland v Permanent Trustee Company Limited & Ors (1995) 58 FCR 139 Yates Property Corporate Pty Limited v Boland (No 2) (1997) 147 ALR 685 |
| Applicant: | RICHARD FLEW |
| Respondent: | MIRVAC PARKING PTY LTD |
| File Number: | SYG2072 of 2006 |
| Judgment of: | Barnes FM |
| Hearing date: | 24 November 2006 |
| Delivered at: | Sydney |
| Delivered on: | 18 December 2006 |
REPRESENTATION
| Counsel for the Applicant: | Ms E. Raper |
| Solicitors for the Applicant: | NSW Disability Discrimination Legal Service |
| Counsel for the Respondent: | Ms D. Ronalds SC |
| Solicitors for the Respondent: | Harmers Workplace Lawyers |
ORDERS
That the application for an order specifying the maximum costs that may be recovered as between the applicant and the respondent be dismissed.
That the respondent’s costs of and incidental to the application be reserved.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2072 of 2006
| RICHARD FLEW |
Applicant
And
| MIRVAC PARKING PTY LTD |
Respondent
REASONS FOR JUDGMENT
These proceedings
The applicant commenced proceedings by application filed on 27 July 2006 pursuant to s.46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (HREOC Act) alleging unlawful discrimination against him by the respondent on the ground of disability in breach of ss.5, 6 and 15 of the Disability Discrimination Act 1992 (Cth) (the DDA), harassment in breach of s.35 and victimisation in breach of s.42.
In the application of 27 July 2006 the applicant also sought an order pursuant to Rule 21.03 of the Federal Magistrates Court Rules specifying the sum of $5,000 as the maximum costs including, but not limited to, the costs of experts and legal representatives, that may be recovered on a party and party basis as between the applicant and respondent in this matter. This judgment relates to the application for a Rule 21.03 order.
In relation to this issue the applicant relies on affidavits sworn by him and filed on 17 November 2006 and 23 November 2006. The respondent tendered a letter…
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- Case
- [2006] FMCA 1818
- Decision Date
CaseChat Overview and Summary
The Court considered the statutory framework and relevant case law to determine whether such an order was appropriate. The Court found that the statutory provisions and the case law did not support the applicant's claim. The Court emphasised that the issue of costs was not to be determined at the interlocutory stage of proceedings and that the matter of costs was to be determined at the conclusion of the proceedings. The Court held that the applicant's application was premature and without merit.
As a result, the Court dismissed the applicant's application for an order specifying the maximum costs recoverable. The Court further ordered that the respondent's costs of and incidental to the application be reserved for determination at the conclusion of the proceedings. This decision clarifies the appropriate timing for determining costs in proceedings related to parking infringements and reinforces the principle that costs are not to be determined at the interlocutory stage.
Orders
Orders of the court
1.
That the application for an order specifying the maximum costs that may be recovered as between the applicant and the respondent be dismissed.
2.
That the respondent’s costs of and incidental to the application be reserved.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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