Hehir v Smith

In the Supreme Court of New South Wales, the appellant, Hehir, sought an appeal against a decision of the Anti-Discrimination Tribunal. The dispute concerned a compensation award made in favour of the respondent, Smith, following an anti-discrimination claim. The Anti-Discrimination Tribunal had awarded Smith $17,000 in compensation, which Hehir sought to reduce on appeal to the Supreme Court. The central legal issues revolved around the appropriate level of compensation for the discrimination experienced by Smith, and the costs associated with the appeal process, particularly in light of the respondent's settlement offer equivalent to the outcome of the appeal.

The court reviewed the evidence and arguments presented at the Anti-Discrimination Tribunal and considered the appeal's merits. The Supreme Court found that the original compensation award was excessive and reduced it to $14,000. Regarding costs, the court held that Smith was entitled to an indemnity certificate for the appeal costs under the Appeal Costs Fund Act 1973. The court also remitted the costs of the proceedings before the Anti-Discrimination Tribunal back to the Tribunal for reassessment, taking into account the appellant's success on appeal. As for the reserved costs, the court ordered Hehir to pay Smith’s costs of the interlocutory application on the standard basis and otherwise, Smith to pay Hehir's costs of the appeal, limited to specific costs.

The final orders of the court were to allow the appeal, set aside the original compensation order, substitute it with a reduced compensation payment of $14,000, remit the costs of the proceedings before the Anti-Discrimination Tribunal back for reassessment, and direct that Smith pay Hehir’s costs of the interlocutory application. Additionally, the court ordered Hehir to pay Smith's costs of the appeal to a limited extent, and granted Smith an indemnity certificate for the appeal costs.