Bedran v Gold Coast City Council (No.2) [2013] QIRC 106

CITATION: Natalia Bedran AND Gold Coast City Council (C/2013/5) - Decision (No. 2) <http://www.qirc.qld.gov.au> INDUSTRIAL COURT OF QUEENSLAND Industrial Relations Act 1999 - s. 341(1) - appeal against decision of industrial commission Natalia Bedran AND Gold Coast City Council (C/2013/5)(No. 2) PRESIDENT HALL 24 July 2013 DECISION [1] By a Decision of 16 April 2013, I dismissed Ms Natalia Bedran's Appeal against a decision of the Queensland Industrial Relations Commission delivered on 11 January 2013. The Respondent viz., Gold Coast City Council, sought costs. At paragraph [8] of the Decision of 16 April 2013, I dealt with the Application for Costs as follows: "[8] The Respondent seeks costs. The Appeal had no objective prospect of success. The power to award costs at s. 335(1)(a) of the Act is triggered. I am always reluctant to award costs against a self- represented litigant. However, I have no authority to be generous with the Respondent's funds. Costs must be awarded. The quantum of costs is another matter. Failing agreement, the Respondent is to file an itemised claim and deliver a copy to the Appellant. Subject to allowing the Appellant a reasonable opportunity to respond in writing, the Court will assess the costs to be awarded.". [2] The Parties were unable to agree upon the quantum of costs. In those circumstances, The Respondent's solicitors filed a formal costs statement and supplied an original copy to the Appellant. [3] Consistently with s. 70(c) of the Industrial Relations (Tribunals) Rules 2011, costs have been assessed on the Supreme Court Scale of the Uniform Civil Procedure Rules 1999, Schedule 1. The items are unexceptional (indeed inevitable) and, as to outlays, quite frugal. The Appellant has used the opportunity to respond, to reagitate the case which she had sought to advance at first instance and to traduce the conduct of the Respondent's employees and legal representatives. [4] I fix the costs of the unsuccessful Appeal to the Court, at $24,339.65. [5] The Court Orders that the Appellant, Ms Natalia Bedran, to pay forthwith to the Respondent, Gold Coast City Council, the sum of $24,339.65. Dated 24 July 2013. D.R. HALL, President. Released: 24 July 2013. Appearances (by way of written submissions): Ms N. Bedran, the Appellant. Ms H. Cray (Partner) and Ms C. Miller (Special Counsel), Clayton Utz Lawyers, for the Respondent. -- 1 of 1 --