Bahonko v Sterjov [2007] FCA 1341

FEDERAL COURT OF AUSTRALIA

Bahonko v Sterjov [2007] FCA 1341

COSTS – Consolidated proceeding involving claims under different federal statutes – One statute containing prohibition upon award of costs – Whether costs available to extent of claims made under other statute. COSTS – Statute containing prohibition upon costs unless proceeding instituted vexatiously or without reasonable cause – Proceeding included claims in accrued jurisdiction – Judgment for applicant on one only of many claims in accrued jurisdiction – Whether proceeding instituted vexatiously or without reasonable cause. COSTS – Whether party's costs incurred because of unreasonable act or omission of other party. STANISLAWA BAHONKO v KOSTA STERJOV, SNEZANA STERJOVA, LISA MCEWAN AND LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD VID114 OF 2006

JESSUP J

31 AUGUST 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID114 OF 2006

BETWEEN: STANISLAWA BAHONKO

Applicant

AND: KOSTA STERJOV

First Respondent

SNEZANA STERJOVA

Second Respondent

LISA MCEWAN

Third Respondent

LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD

Fourth Respondent

JUDGE: JESSUP J

DATE OF ORDER: 31 AUGUST 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant pay the respondents' costs of proceeding VID 756 of 2006 to the extent that such costs were incurred on or before 6 November 2006. 2. The applicant pay three-quarters of the respondents' costs of and incidental to the applicant's Notice of Motion dated 22 September 2006. 3. The applicant pay the respondents' costs of and incidental to the applicant's Notice of Motion dated 27 October 2006. 4. The applicant pay the respondents' costs of and incidental to the applicant's Notice of Motion dated 5 February 2007. 5. The applicant pay one-half of the balance remaining of the respondents' costs of the proceeding, to the extent that such costs were incurred after 6 November 2006, after the deduction of so much of the respondents' costs of the Notices of Motion referred to in orders 2, 3 and 4 above as were incurred after 6 November 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.