FEDERAL CIRCUIT COURT OF AUSTRALIA
| WASHINGTON v QANTAS AIRWAYS LIMITED | [2014] FCCA 1413 |
| Catchwords: COSTS – Application for costs – matter settled prior to final hearing – application for costs to be pursuant to Federal Court Rules 2011 (Cth) – whether costs according to event based Court scale should be awarded. |
| Legislation: Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (Cth) s.135 Fair Work Act 2009 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) s.3, 79 Federal Circuit Court Rules 2001 (Cth) rr.1.06, 21.02, 21.10, 21.11, Sch.1 Federal Court Rules 2011 (Cth) |
| Applicant: | MEGAN ALEXANDER WASHINGTON |
| Respondent: | QANTAS AIRWAYS LIMITED |
| File Number: | SYG 449 of 2013 |
| Judgment of: | Judge Nicholls |
| Hearing date: | 20 February 2014 |
| Date of Last Submission: | 20 February 2014 |
| Delivered at: | Sydney |
| Delivered on: | 4 July 2014 |
REPRESENTATION
| Counsel for the Applicant: | Mr J M Hennessy SC |
| Solicitors for the Applicant: | Gilbert + Tobin |
| Counsel for the Respondent: | Mr N R Murray |
| Solicitors for the Respondent: | Allens |
ORDERS
The respondent pay the applicant’s costs as agreed or assessed pursuant to Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth).
The applicant pay the respondent’s costs for the application for costs as agreed or assessed pursuant to Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 449 of 2013
| MEGAN ALEXANDER WASHINGTON |
Applicant
And
| QANTAS… |
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- Case
- [2014] FCCA 1413
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether, in circumstances where a matter has settled before a final hearing, the Court should award costs on the basis of the event, as provided for by the Court scale. This required an interpretation of the relevant rules governing costs in the Federal Court.
Justice Nicholls considered the principles of costs orders in settled matters. The Court noted that generally, where a matter settles by agreement, each party bears their own costs unless there is a specific agreement to the contrary or exceptional circumstances warranting a departure from this general rule. The Court's discretion regarding costs is broad, but the default position in the absence of a final determination on the merits is that parties are responsible for their own expenses. The Court found no basis to depart from this general principle in the present case.
The Court therefore made no order as to costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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