Kelk and OSM Australia Pty Ltd (Compensation)

This matter concerned an application for costs following an appeal. The applicant, Mr Kelk, had been the successful party in a substantive application before the Tribunal. The respondent, OSM Australia Pty Ltd, contended that an award of costs would be unjust. The decision was made by Member Lee Benjamin of the Tribunal.

The primary legal issue before the Tribunal was whether it was appropriate to award costs to Mr Kelk in respect of the appeal, and if so, the method by which those costs should be determined. Mr Kelk had initially sought an order for costs to be agreed or taxed, but later requested a fixed sum of $100,000.

Member Lee Benjamin found that an order for costs was appropriate in the circumstances. The Tribunal determined that it was more suitable for the costs to be agreed between the parties. Failing such agreement, the costs were to be taxed in accordance with the Tribunal’s Practice Direction - Taxation of Costs issued on 30 June 2015. The Tribunal ordered OSM to pay Mr Kelk's costs in respect of application 2021/2959, with the quantum to be agreed or, failing agreement, taxed.