Mayfield -V- Legion Cabs (Trading) Co-Operative Society Ltd [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Mayfield -V- Legion Cabs (Trading) Co-Operative Society Ltd [1997] NSWEOT

COMPLAINANT: Theresa Mayfield

RESPONDENT: Legion Cabs (Trading) Co-Operative Society Ltd

NUMBER: 14 of 1996

TRIBUNAL: Ms Narelle Bell ( Judicial Member )

GROUNDS OF COMPLAINT: Sex Discrimination

DATES OF HEARING: 12/12/1997 DATE OF JUDGMENT: 12/16/1997

Complainant: Ms S. Winters (Counsel)

LEGAL REPRESENTATIVES: Respondent: Mr M. Michalandos Gadens Ridgeway (Solicitors) Mr R. Alkadamani (Counsel)

JUDGMENT IN FAVOUR OF:

On 12 December 1997 the Respondent in this matter made an application for costs in respect of the hearing of this matter by the Tribunal on 11 February 1997 and a directions hearing before the Senior judicial member on 12 December 1996.

On 7 May 1997 the Tribunal handed down its decision to dismiss the complaint and declined to make an award of costs to the Respondent in respect of a directions hearing on 8 August 1996. The Respondent had made an application for costs of that directions hearing on 8 August 1996 and the Tribunal reserved its decision on that day.

On 12 December 1997 when the Respondent sought to make its application for costs of the hearing and costs of the 12 December 1996 directions hearing, there was some controversy as to whether the Tribunal, in the last paragraph of its published reasons of 7 May 1997, had ordered that each party pay its own costs generally or whether that order related only to the directions hearing on 8 August 1996. Counsel for the complainant argued that the Tribunal was functus officio on the question of costs generally.