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. 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: 22 DECEMBER 2006 PLACE: BRISBANE REASONS FOR JUDGMENT THE COURT: 1 When the Court delivered reasons for judgment in this matter on 17 November 2006, it made the following orders: 1. The appeal be allowed. 2. The orders made by the Court on 30 August 2005 be set aside. 3. The respondent pay the appellants' costs of this appeal and the costs of the proceedings before the primary judge. 2 Justice Allsop, in his Honour's reasons for judgment said in par 78: '78 The notice of appeal does not seek the entry of judgment in favour of the appellants who were able to persuade the primary judge of lost wages. No argument was put on appeal about the primary judge's calculations as to damages, including his conclusions that two appellants (the sixth and eighth appellants) had not proved any loss. Nor does the notice of appeal seek declaratory orders.' 3 Subsequent to the pronouncement of the Full Court's orders, all of the appellants and the respondent have submitted a joint submission as to the orders which they wish the Court to make to dispose of the proceedings. All of the parties submit that it would be ordinarily appropriate to remit the matter to his Honour, the primary judge, to deal further with damages, but in this case the appellants and respondent agree as to the orders, the making of which will dispose of the whole proceeding. 4 Since those proposed orders are the request of all of the parties in the proceedings, it is appropriate for the Court to make the following additional orders, in addition to the orders pronounced on 17 November 2006: (a) There be judgment in favour of James Stanley Baird for damages, inclusive of interest, in the sum of $17,000; (b) There be judgment in favour of Marie Creek for damages, inclusive of interest, in the sum of $45,000; (c) There be judgment in favour of Frank Tayley for damages, inclusive of interest, in the sum of $37,000; (d) There be judgment in favour of Henry Walker for damages, inclusive of interest, in the sum of $45,000; (e) There be judgment in favour of Henry Deeral for damages, inclusive of interest, in the sum of $85,000; (f) There be judgment in favour of Anita Karen Gordon for damages, inclusive of interest, in the sum of $19,800; (g) That the claim of Ella Woibo be dismissed by consent; (h) That the claim of Edgar Ivan Gibson be dismissed; (i) 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' I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender, Allsop & Edmonds JJ. Associate: Dated: 22 December 2006 Counsel for the Appellant: Mr R Lilley and Mr D Rangiah Solicitor for the Appellant: Bottoms English Lawyers Counsel for the Respondent: Mr J Murdoch SC and Mr C Murdoch Solicitor for the Respondent: Crown Solicitor Date of Submissions on Costs: 15 December 2006 Date of Judgment: 22 December 2006