King v Virgin Australia Airlines Pty Ltd

In the matter of King v Virgin Australia Airlines Pty Ltd, the plaintiff, Mrs King, sought a costs-capping order pursuant to rule 40.51 of the Federal Court Rules 2011. Mrs King alleged that she had been directly and indirectly discriminated against by the defendant, Virgin Australia Airlines, due to her physical disability and the need for her to use disability aids. This case followed a similar litigation against another low-cost airline, Jetstar, where Mrs King had also obtained costs-capping orders.

The primary legal issue before the court was whether Mrs King should receive a costs-capping order in her current litigation against Virgin Australia Airlines, given that she had already obtained such orders in her previous litigation against Jetstar. The court had to consider the relevant principles and factors that would justify the granting of a costs-capping order in this case.

In delivering the judgment, the court concluded that the substance of Mrs King's case in the present litigation was essentially the same as the one she had advanced in the Jetstar litigation. As such, the court found that the significance of the public interest factor in her current application was substantially diminished. The court refused Mrs King's application for a costs-capping order and ordered that the costs of the application be paid by Mrs King. Additionally, the court listed the proceeding for directions to be held on 19 February 2014 before Foster J.