Baird v State of Queensland No 2 [2006] FCAFC 198

FEDERAL COURT OF AUSTRALIA

Baird v State of Queensland No 2 [2006] FCAFC 198

COSTS – orders by consent JAMES STANLEY BAIRD, MARIE CREEK, FRANK TAYLEY, HENRY WALKER, HENRY DEERAL, EDGAR IVAN GIBSON, ANITA KAREN GORDON AND ELLA WOIBO v STATE OF QUEENSLAND QUD 377 OF 2005

SPENDER, ALLSOP & EDMONDS JJ

22 DECEMBER 2006

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 377 OF 2005

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JAMES STANLEY BAIRD

First Appellant

MARIE CREEK

Second Appellant

FRANK TAYLEY

Third Appellant

HENRY WALKER

Fourth Appellant

HENRY DEERAL

Fifth Appellant

EDGAR IVAN GIBSON

Sixth Appellant

ANITA KAREN GORDON

Seventh Appellant

ELLA WOIBO

Eighth Appellant

AND: STATE OF QUEENSLAND

Respondent

JUDGES: SPENDER, ALLSOP & EDMONDS JJ DATE OF ORDER: 22 DECEMBER 2006

WHERE MADE: BRISBANE

THE COURT FURTHER ORDERS THAT:

1. There be judgment in favour of James Stanley Baird for damages, inclusive of interest, in the sum of $17,000; 2. There be judgment in favour of Marie Creek for damages, inclusive of interest, in the sum of $45,000; 3. There be judgment in favour of Frank Tayley for damages, inclusive of interest, in the sum of $37,000; 4. There be judgment in favour of Henry Walker for damages, inclusive of interest, in the sum of $45,000; 5. There be judgment in favour of Henry Deeral for damages, inclusive of interest, in the sum of $85,000; 6. There be judgment in favour of Anita Karen Gordon for damages, inclusive of interest, in the sum of $19,800; 7. That the claim of Ella Woibo be dismissed by consent; 8. That the claim of Edgar Ivan Gibson be dismissed; 9. That the respondent provide the apology which it has offered to the first, second, third, fourth, fifth, and seventh appellants which is in terms as follows: 'This apology is made in the spirit of reconciliation, with the acknowledgement of past hurts felt by you and your people, and in the hope of a new partnership of Indigenous Queenslanders and the Queensland Government. On behalf of the Government of Queensland, I express my sincere regret for any distress, personal hurt or humiliation suffered as a result of discrimination to [insert name of appellant] through the non-payment of award wages to you between 1975 and 1986. The Honourable Warren Pitt MP, Minister for Communities, Disability Services Seniors and Youth'. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.