Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Creek v Cairns Post Pty Ltd [2001] FCA 1150
PATRICIA DONNA CREEK v CAIRNS POST PTY LTD Q 4 OF 2001 KIEFEL J BRISBANE (Heard in Townsville) 20 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q4 OF 2001
BETWEEN: PATRICIA DONNA CREEK
APPLICANT
AND: CAIRNS POST PTY LTD
RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 20 AUGUST 2001
WHERE MADE: BRISBANE (Heard in Townsville)
THE COURT ORDERS THAT: 1. The applicant pay one-half of the costs incurred by the respondent in the proceedings, including reserved costs. 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 Q4 OF 2001
BETWEEN: PATRICIA DONNA CREEK
APPLICANT
AND: CAIRNS POST PTY LTD
RESPONDENT
JUDGE: KIEFEL J
DATE: 20 AUGUST 2001
PLACE: BRISBANE (Heard in Townsville)
REASONS FOR JUDGMENT (Costs) 1 Neither the Racial Discrimination Act 1975 nor the Human Rights and Equal Opportunity Act 1986 provide that costs are not to be awarded in cases of this kind. The applicant was unsuccessful in her application. 2 There was always going to be a difficulty for the applicant in proving the second limb of s 18C(1) RDA. The only matter which seems to me to weigh against the applicant being ordered to pay the respondent's costs in the proceedings is the time taken in the hearing on the defence raised by the respondent, which I found would not have been available to it. Indeed it was upon the basis that the provisions of s 18D had not been judicially considered, that the matter remained in this Court when it would otherwise have been transferred to the Magistrates' Court with consequent savings on costs. Taking these matters into account I consider it appropriate to order that the applicant pay one-half of the costs incurred by the respondent in the proceedings, including reserved costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Kiefel .
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate