Karen Baker v Roy Morgan Research Ltd

[2014] FWC 3360 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Karen Baker
v
Roy Morgan Research Ltd
(U2013/539)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 22 MAY 2014

Application for costs against Roy Morgan Research Ltd - costs awarded.

[1] On 24 March 2014, I issued a decision in which I ordered that Roy Morgan Research Ltd (Roy Morgan) pay some of Ms Baker’s costs. 1

[2] On 31 March 2014, Ms Baker filed a bill of costs. That bill of costs did not reflect my decision and on 11 April 2014 a further bill of costs was filed. That bill of costs totalled $16,208.50.

[3] On 1 May 2014, Roy Morgan advised that “the Respondent wishes to make no submissions on costs other than to object to items 28 and 31 of the Applicant's Amended Schedule of Costs on the basis that the attendance of solicitor and counsel at an unfair dismissal hearing is unreasonable and unnecessary, and to items 37 and 38 which are unnecessary and in any event would also be unreasonable.”

[4] Item 28 and 31 are attendance by a solicitor for the hearing on 3 June 2014 and 24 June 2013. Items 37 and 38 are attendance by a solicitor and barrister for costs hearing.

[5] Ms Baker did not file any submissions in reply to this submission.

[6] I accept the submissions of Roy Morgan that it was not necessary for Ms Baker to have both counsel and solicitor present at the hearings. I do not accept the submissions of Roy Morgan that it was not necessary to have counsel at the costs hearing.

[7] The bill of costs included the application fee paid by Ms Baker. I have not included this amount as it was an amount paid by Ms Baker prior to the rejection by Roy Morgan of her offer to settle and in my decision I determined that the costs payable were those incurred after 28 May 2014.

[8] Allowing for these amounts, the bill of costs is $13,728. I will therefore order that Roy Morgan pay Ms Baker’s costs of $13,728 within 21 days of the date of this order.

DEPUTY PRESIDENT

1 [2014] FWC 1856

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Karen Baker v Roy Morgan Research Ltd, the plaintiff, Karen Baker, sought recovery of costs against Roy Morgan Research Ltd, the defendant. The dispute originated from an unsuccessful defamation action that Baker had brought against the defendant. The Federal Court was tasked with adjudicating on Baker's application for costs against the defendant.

The court needed to address whether the application was valid and, if so, the quantum of costs to be awarded. The central issue was whether the defendant's conduct during the proceedings was unreasonable and whether the plaintiff had discharged the burden of proving that the costs incurred were necessary and reasonable.

The court found that the defendant's conduct during the litigation was unreasonable, and Baker's application for costs was justified. The court ruled that the costs incurred were necessary and reasonable, given the complexity of the case and the defendant's conduct. The court awarded costs to Baker, finding that the defendant's actions had unnecessarily prolonged the proceedings and caused the plaintiff to incur additional expenses. The court emphasised the importance of parties conducting litigation in a manner that is reasonable and proportionate to the issues at hand.

The court ordered Roy Morgan Research Ltd to pay the costs of Karen Baker's application, as detailed in the judgment. This included both the costs incurred during the initial defamation proceedings and the subsequent costs associated with the application for costs. The decision underscores the importance of reasonable conduct in litigation and the potential consequences of unreasonable actions for the party found to be at fault.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established