Royce v State of Queensland (Department of Justice and Attorney-General) (No 2)
[2019] ICQ 22
•12 December 2019
INDUSTRIAL COURT OF QUEENSLAND
CITATION:
Royce v State of Queensland (Department of Justice and Attorney-General) (No 2) [2019] ICQ 22
PARTIES:
STEPHEN ROYCE
(appellant)
v
STATE OF QUEENSLAND (DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL)(respondent)
FILE NO:
C/2018/27
PROCEEDING:
Appeal
DELIVERED ON:
12 December 2019
HEARING DATE:
Written submissions received on 3 December 2019 and 4 December 2019
MEMBER:
Martin J, President
ORDERS:
1. The applicant pay the respondent’s costs of and incidental to the application to appeal on the Supreme Court Scale.
2. If the parties do not agree on the amount of the costs the subject of this order by 24 January 2020, then the costs are to be assessed within 14 days of 24 January 2020.
3. Any costs agreed, or assessed, are to be paid within 30 days of agreement or assessment.
CATCHWORDS:
INDUSTRIAL LAW – QUEENSLAND – APPEALS – APPEAL TO INDUSTRIAL COURT – OTHER MATTERS – COSTS – where the appellant’s application to appeal did not satisfy the requirements of an appeal and was one in which he sought to reargue matters which had been agitated in the Queensland Industrial Relations Commission – where the respondent submits that the appellant filed the application to appeal vexatiously or without reasonable cause, or, alternatively, it would have been reasonably apparent that the appeal had no reasonable prospect of success – whether the appellant ought to pay the costs incurred by the respondent
Industrial Relations Act 2016, s 545
Industrial Relations (Tribunals) Rules 2011
CASES:
Royce v State of Queensland (Department of Justice and Attorney-General) [2019] ICQ 19, related
APPEARANCES:
Appellant in person
M Spry instructed by G R Cooper, Crown Solicitor for the respondent
Judgment in this matter was given on 29 November 2019. The parties sought time to provide written submissions on the question of costs. The respondent seeks an order for costs.
The general rule in the Court is that a person bears his or her own costs in relation to a proceeding. But the Court may order a party to the proceeding to pay the costs incurred by another party if the Court is satisfied that the party made the application vexatiously or without reasonable cause or that it would have been reasonably apparent to the party that the application had no reasonable prospect of success.[1]
[1] Industrial Relations Act 2016 s 545.
The respondent submits that the appellant filed the application to appeal vexatiously or without reasonable cause, or, alternatively, it would have been reasonably apparent that the appeal had no reasonable prospect of success.
As I observed in the reasons I gave,[2] Mr Royce’s application to appeal did not comply with either the Industrial Relations Act 2016 or the Industrial Relations (Tribunals) Rules 2011. Leave was not sought to appeal on grounds other than error of law or excess, or want, of jurisdiction and Mr Royce’s argument consisted mostly of an attempt to revisit and reargue matters which had been agitated in the Commission. Mr Royce has taken the same approach in his submissions on costs. Rather than concentrate on the application to appeal and the issues which arise under s 545 of the Industrial Relations Act, he has returned to the allegations which he made during the hearing in the Commission.
[2] [2019] ICQ 19.
This was a case which did not satisfy the basic requirements of an appeal and was one in which Mr Royce sought to reargue matters rather than attempt to identify errors. It was one in which it would have been reasonably apparent that the application had no reasonable prospect of success.
I order that Stephen Royce pay the respondent’s costs of and incidental to the application to appeal on the Supreme Court Scale. If the parties do not agree on the amount of the costs the subject of this order by 24 January 2020, then the costs are to be assessed within 14 days of 24 January 2020. Any costs agreed, or assessed, are to be paid within 30 days of agreement or assessment.
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