| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S CI 2014 06753
| MARK PAUL WEBER | Appellant |
| v | |
| DEAKIN UNIVERSITY and Ors | Respondents |
S CI 2016 01380
| MARK PAUL WEBER | Appellant |
| v | |
| DEAKIN UNIVERSITY and Ors | Respondents |
---
JUDGE: | McMillan J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | Written submissions by the parties dated 4 November 2016 |
DATE OF JUDGMENT: | 9 November 2016 |
CASE MAY BE CITED AS: | Weber v Deakin University & ors (No 2) |
MEDIUM NEUTRAL CITATION: | [2016] VSC 679 (First Revision 14 November 2016) |
---
COSTS — Separate but related appeals from Associate Judge and Magistrates’ Court on questions of law — No errors identified or established — Appeals dismissed
---
APPEARANCES: | Counsel | Solicitors |
| For the Appellant | The appellant in person | |
| For the Respondent | Colin Biggers & Paisley |
HER HONOUR:
On 6 September 2016 judgment was delivered in these two separate, but related proceedings, where the appellant appealed against the judgment of Associate Justice Derham of 11 December 2015 and the decision of Magistrate Saines of 16 March 2016.
The appellant represented himself on the appeals and the respondents were represented by senior and junior counsel.
The appellant failed to establish that either Associate Justice Derham or Magistrate Saines erred as alleged by him. The Court dismissed all of the grounds of appeal pressed by the appellant.
The successful respondents seek their costs in both proceedings, including fees for senior and junior counsel, on a standard basis. The appellant opposes the respondents’ application for costs.
General costs principles
The discretionary jurisdiction of the Court as to costs is conferred by s 24(1) of the Supreme Court Act 1986 and must be exercised in accordance with Order 63 of the Supreme Court (General Civil Procedure) Rules 2015.[1]
[1]Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 3) [2012] VSC 399 (14 September 2012) [11] (Croft J). See also Coombes v Ward (No 2) [2002] VSC 84 (27 March 2002).
The ‘usual order as to costs’ is that a successful party in litigation is entitled to an award of costs with the unsuccessful party bearing the liability for the costs of the unsuccessful litigation.[2]
[2]Oshlack v Richmond River Council (1998) 193 CLR 72, 97 (McHugh J).
The prima facie position in respect of costs in litigation is for standard costs to be ordered by the court, with the court having the discretion to award costs other than on the standard basis. This reflects the position that an award of costs as between parties to litigation is aimed at compensating, rather than penalizing, the successful party for their legal costs incurred by reason of the proceedings. An award of costs other than on a standard basis will only be made where the proceeding exhibits a special or unusual feature or special circumstances.
Discretionary factors taken into account on the exercise of the Court’s discretion in making costs orders are wide ranging. In the case of an unrepresented…
Continue reading Weber v Deakin University (No 2)
Sign in free to access the full text
- AGLC
- Weber v Deakin University (No 2) [2016] VSC 679
- Case
- [2016] VSC 679
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Associate Judge and the Magistrates’ Court had erred in their assessment of the costs incurred during the proceedings. The court examined the principles of costs in litigation, focusing on the appropriateness of the amounts awarded and whether the decisions reflected a fair and just outcome based on the circumstances of the case. The court also considered whether any errors were established on the appeal that warranted a review of the costs order.
The court found that there were no errors identified or established in the assessment of the costs by either the Associate Judge or the Magistrates’ Court. The reasoning of the court focused on the correctness of the legal principles applied and the proportionality of the costs awarded in relation to the nature and complexity of the proceedings. The court concluded that both the Associate Judge and the Magistrates’ Court had exercised their discretion appropriately and that the costs orders were within the bounds of what was reasonable and fair in the circumstances.
Given the findings, the appeals were dismissed. The court upheld the decisions of the Associate Judge and the Magistrates’ Court, affirming the costs orders as they stood. The decision reinforces the importance of judicial discretion in cost assessments and underscores that such decisions will not be overturned in the absence of demonstrated error.
Orders
Orders of the court
Full text does not contain this section.
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.