S & Ad Basheer Nominees Pty Ltd v Boland (No 2)

[2019] SASCFC 35

South Australia Full Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Power to award costs
4. › Reserved question of law
5. › Whether power to award costs exists on determination of reserved question
6. › South Australian Employment Tribunal Act 2014 (SA), s 70
7. › Supreme Court Act 1935 (SA), s 40
1. Statutory Interpretation
2. › Expressio unius est alterius exclusio
3. › Contrasting statutory provisions
4. › Whether omission of express reference to costs in one provision, when present in comparable provisions, evinces legislative intention to exclude costs power
5. › South Australian Employment Tribunal Act 2014 (SA), ss 67(6), 68(3)(c), 70(2)

Quick Take

The Supreme Court of South Australia has no power to award costs when determining a question of law reserved to it under s 70 of the South Australian Employment Tribunal Act 2014 (SA). Parties should be aware that costs cannot be recovered in such proceedings, and the Employment Court should take this into account when exercising its discretion to reserve questions.