Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thompson v Big Bert Pty Ltd [2008] FCA 792
PRACTICE AND PROCEDURE – whether indemnity costs should be awarded as a result of an offer of compromise – no obligation to abandon a case to avoid costs – no unreasonableness established – no barrier to the award of costs in a separate statutory claim arises from the Workplace Relations Act 1996 (Cth) – costs of overlapping issues fixed on a proportional basis Federal Court Rules O 23 r 11 Human Rights and Equal Opportunity Commission Act 1986 (Cth) Workplace Relations Act 1996 (Cth) Bahonko v Sterjov [2008] FCAFC 30 Goldman Sachs JB Were Services Pty Limited v Nikolich (2007) 163 FCR 62 McDonald v Parnell Laboratories (Aust) (No 2) (2007) 164 FCR 591 Seven Network v MEAA (2004) 148 FCR 145 Williams v Commonwealth Bank of Australia [1995] FCA 992 DONNA THOMPSON v BIG BERT PTY LTD T/AS CHARLES HOTEL NSD 877 OF 2006 NSD 1948 OF 2006
BUCHANAN J
29 may 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NSD 877 OF 2006
NEW SOUTH WALES DISTRICT REGISTRY NSD 1948 OF 2006
BETWEEN: DONNA THOMPSON
Applicant
AND: BIG BERT PTY LTD T/AS CHARLES HOTEL
Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 29 may 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The applicant pay the respondent's costs in matter NSD 1948 of 2006 on a party/party basis, provided that where costs were incurred with respect to those proceedings and matter NSD 877 of 2006 together, 60% only of the respondent's costs be paid. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NSD 877 OF 2006
NEW SOUTH WALES DISTRICT REGISTRY NSD 1948 OF 2006
BETWEEN: DONNA THOMPSON
Applicant
AND: BIG BERT PTY LTD T/AS CHARLES HOTEL
Respondent
JUDGE: BUCHANAN J
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