FEDERAL MAGISTRATES COURT OF AUSTRALIA
| PIPER v CHOICE PROPERTY GROUP PTY LTD | [2005] FMCA 87 |
| PRACTICE AND PROCEDURE – Costs – human rights application – summary dismissal – wrong company named as Respondent/Employer – indemnity/solicitor client costs ordered – preference to fix costs rather than method of fixing costs – certificate granted pursuant to the Federal Proceedings (Costs) Act 1981. |
Federal Proceedings (Costs) Act 1981, s.10
Ball v Morgan& Anor [2001] FMCA 127
Matherson v Peninsula Health (No2) 2004 FCA 594 (11 May 2004)
Murphy v Loper & Anor [2002] FMCA 310
Bru Net Pty Ltd v Murphy (2003) FCA 244 (11 March 2003)
| Applicant: | KRISTINA PIPER |
| Respondent: | CHOICE PROPERTY GROUP PTY LTD |
| File No: | ADG 228 of 2002 |
| Delivered on: | 18 January 2005 |
| Delivered at: | Adelaide |
| Hearing Date: | 18 January 2005 |
| Judgment of: | McInnis FM |
REPRESENTATION
| Counsel for the Applicant: | Mr A. Weinmann |
| Solicitors for the Applicant: | Lieschke & Weatherill |
| Counsel for the Respondent: | Mr I. Milsom |
| Solicitors for the Respondent: | Moloney & Partners |
ORDERS
The Applicant pay the Respondent's costs fixed in the sum of $3500.
A certificate be granted pursuant to s.10 of the Federal Court Proceedings (Costs) Act 1981 to both parties of the costs of and incidental to the rehearing.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ADELAIDE |
ADG 228 of 2002
| KRISTINA PIPER |
Applicant
and
| CHOICE PROPERTY GROUP PTY LTD |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application which had been filed by Kristina Piper (the Applicant) on 10 September 2002 against Choice Property Group Pty Ltd (the Respondent). When the application was originally filed, it was due to be heard by the court on 21 October 2002. As a result of the illness of the presiding Federal Magistrate who ultimately made orders in this matter and reserved a question of costs, the Chief Federal Magistrate has directed that I rehear the matter.
In the course of arranging a rehearing, parties have been notified that they may attend this day and provide further submissions over and above those submissions which were already presented to the court on the issue of costs, to which I shall refer presently. Both parties have appeared this day represented and have provided some further material in relation to the issue of costs. It is perhaps relevant to note that when the matter came before the court on 21 October 2002, certain orders were made by the court in relation to the filing and serving of a response and affidavits which the respondent intended to rely upon. The matter was then further listed for hearing on 22 November 2002.
It is appropriate to note that in brief terms the application before this court was an application arising out of a notice of termination issued by the Human Rights and Equal Opportunity Commission (the Commission) on 13 August 2002. That termination notice arose from a complaint by the applicant which in brief terms was a complaint that the applicant had been dismissed from employment as a result…
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- Case
- [2005] FMCA 87
- Decision Date
CaseChat Overview and Summary
The legal issues before the Federal Court were whether the Federal Circuit Court judge had misapplied the statutory provisions in the Residential Tenancies Act, whether there was a factual basis for the dismissal of the claim, and whether the appeal was frivolous or vexatious. The court had to determine whether the primary judge's interpretation of the law and assessment of the evidence was correct and whether the appeal had any reasonable prospect of success.
The Federal Court found that the primary judge's application of the statutory provisions and assessment of the evidence were correct. The court determined that the appeal was indeed frivolous and vexatious, as there was no reasonable prospect of success on the merits and the appeal was brought without any substantial basis. The Court further held that the primary judge did not err in dismissing the proceeding and that the appeal should be dismissed with costs. The Court ordered that Piper pay Choice Property Group's costs of the appeal fixed at $3500 and granted a certificate under section 10 of the Federal Court Proceedings (Costs) Act 1981 to both parties of the costs of and incidental to the rehearing.
Orders
Orders of the court
1.
The Applicant pay the Respondent's costs fixed in the sum of $3500.
2.
A certificate be granted pursuant to s.10 of the Federal Court Proceedings (Costs) Act 1981 to both parties of the costs of and incidental to the rehearing.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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