FEDERAL COURT OF AUSTRALIA
Pathmanathan v Healthscope Operations Pty Ltd (No 2) [2020] FCA 503
File number: VID 133 of 2018 Judge: STEWARD J Date of judgment: 23 April 2020 Legislation: Australian Human Rights Commission Act 1986 (Cth.) ss. 46PO, 46PSA Cases cited: Fetherston v. Peninsula Health (2004) 137 F.C.R. 262
Flanagan v. Murdoch Community Services Inc [2010] FCA 647
Pathmanathan v. Australian Health Practitioner Regulation Agency [2019] FCA 1830
Pathmanathan v. Healthscope Operations Pty Ltd [2020] FCA 65
Date of hearing: Determined on the papers Date of last submissions: 6 April 2020 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: No Catchwords Number of paragraphs: 9 Counsel for the Applicant: The applicant filed written submissions on her own behalf Counsel for the Respondent: Mr. M. Williams Solicitor for the Respondent: MinterEllison ORDERS
VID 133 of 2018 BETWEEN: AJINTHA PATHMANATHAN
Applicant
AND: HEALTHSCOPE OPERATIONS PTY LTD
Respondent
JUDGE:
STEWARD J
DATE OF ORDER:
23 APRIL 2020
THE COURT ORDERS THAT:
1.The applicant pay the respondent’s costs of this proceeding, including the costs of the applicant’s interlocutory application filed on 7 October 2018 and the respondent’s interlocutory application filed on 23 August 2019, as agreed or assessed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
STEWARD J:
On 6 February 2020, I delivered reasons for judgment in this proceeding which was commenced pursuant to s. 46PO of the Australian Human Rights Commission Act 1986 (Cth.): Pathmanathan v. Healthscope Operations Pty Ltd [2020] FCA 65. I held that the applicant had no reasonable prospect of successfully prosecuting her proceeding against the respondent. In the result, I refused the applicant’s application for summary judgment and granted the respondent’s application for summary dismissal. I ordered the parties to confer on the issue of costs and to file agreed orders or, in the absence of agreement, submissions limited to two pages in length. In what follows, I have used the same terminology from my earlier reasons for judgment.
The parties were unable to agree on what costs order the Court should make. This was so despite the Court affording the parties an extended timetable. In that respect, upon the Doctor’s request and given the prevailing extraordinary circumstances arising from the continuing COVID-19 pandemic, the Court extended the deadline for filing twice. In written submissions filed on 27 March 2020, Healthscope sought an ordinary order of costs against the Doctor on the basis that it had been “wholly successful”. In written submissions filed on 6 April 2020, the Doctor demurred. For the reasons that follow, I will order that the Doctor pay Healthscope’s costs of this proceeding.
Healthscope’s submissions
Healthscope submitted as follows:
This Court has a broad discretion to award costs, provided that no other relevant Act prohibits the award of costs.
Nothing in the Australian…
Keep reading for free
Create a free CaseChat account to read Pathmanathan v Healthscope Operations Pty Ltd (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] FCA 503
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the allocation of costs between the parties. Specifically, the court had to decide whether the applicant should bear the costs of the respondent's interlocutory application filed on 23 August 2019, and whether the applicant should also cover the costs of their own interlocutory application filed on 7 October 2018. The court considered the conduct of both parties and the circumstances surrounding the applications to reach its decision.
The court found that the applicant's conduct during the proceedings was unreasonable, and as such, it was appropriate to order the applicant to pay the respondent's costs. The court noted that the applicant had filed the interlocutory application on 7 October 2018 without reasonable prospects of success, and this contributed to the overall unreasonable conduct. The court also found that the respondent's interlocutory application filed on 23 August 2019 was reasonably necessary and justified, warranting an order for the applicant to bear those costs as well. The court concluded that the costs should be as agreed or assessed in accordance with Rule 39.32 of the Federal Court Rules 2011.
In summary, the court ordered the applicant to pay the respondent's costs of the proceeding, including the costs of the interlocutory applications filed by both parties. This decision was based on the unreasonable conduct of the applicant and the necessity of the respondent's interlocutory application.
Orders
Orders of the court
1. The applicant pay the respondent’s costs of this proceeding, including the costs of the applicant’s interlocutory application filed on 7 October 2018 and the respondent’s interlocutory application filed on 23 August 2019, as agreed or assessed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.