Searle v Commonwealth of Australia (No 3) [2019] NSWSC 14

Supreme Court New South Wales

Medium Neutral Citation: Searle v Commonwealth of Australia (No 3) [2019] NSWSC 14 Hearing dates: 4 October and 16 November 2018 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Common Law Before: Fagan J Decision: (1) The following questions common to the claims in the proceedings of the plaintiff and the Group Members are answered as indicated:

7 Did the defendant fail to provide to the plaintiff and to the Group Members a Training Plan as referred to in the training contracts?

Yes.

18 Did the defendant arrange for a Training Plan as referred to in the Training Contract and the Group Member contracts to be signed by the defendant and each of the plaintiff and Group Members?

No.

8 Did the defendant fail to take steps to provide the training that would be required to enable the plaintiff and Group Members to obtain the Certificate IV in Engineering (national qualification code MEM40105)?

Yes.

20 Did the defendant evince an intention in June 2014 not to be bound by the Training Contract or Group Member contracts by announcing that the plaintiff and the Group Members would not be, and could not be, obtaining the Certificate IV in Engineering (national qualification code MEM40105) at the end of the contract?

Yes.

(2) Galactic Litigation Partners LLC is to pay the defendant's costs of the proceedings to date including the costs of the defendant's notice of motion filed on 5 October 2018. Catchwords: COSTS —Principles upon which successful defendant may be denied costs – litigation funder of representative proceedings agreeing to bear costs if awarded in favour of defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Ansett Transport Industries (Operations) Pty Ltd v Commonwealth (1977) 139 CLR 54 Jamal v Secretary, Department of Health (1988) 14 NSWLR 252 Jones v Merionethshire Permanent Benefit Building Society [1892] 1 Ch 173 Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568 McCusker v Rutter [2010] NSWCA 318 Mitropoulos v Greek Orthodox Church (1993) 91 NSWLR 630 Ritter v Godfrey [1920] 2 KB 47 Searle v Commonwealth of Australia [2018] NSWSC 1017 Su v So, Verekers Lawyers v So [2010] NSWCA 119 Su v So, Verekers Lawyers v So (No 2) [2010] NSWCA 303 Category: Costs Parties: Clayton William Searle (plaintiff) The Commonwealth of Australia (defendant) Representation: Counsel: B Imlay - Solicitor (plaintiff) G Sirtes (defendant)