COSTS - where applicant brought proceeding in this Court and, later, brought proceeding in Victorian Civil and Administrative Tribunal - where respondents successfully sought order in VCAT striking out VCAT proceeding and referring it to this Court - where VCAT's order subsequently quashed - application by applicant for leave to discontinue on basis that respondents pay her costs for entire proceeding or from various dates in the alternative, or on the basis that there be no order as to costs - consideration of whether costs incurred prior to 1 April 2015 "thrown away" because of respondents' acts or omissions - consideration of whether available to applicant, as self-represented litigant, to recover costs prior to 1 April 2015 in any case - consideration of exception, established in London Scottish Benefit Society v Chorley (1884) 13 QBD 872, to prohibition on such recovery - whether respondents engaged in "unreasonable act or omission" within meaning of s 570(2)(b) of Fair Work Act 2009 (Cth) - unreasonable act said to be making of application to VCAT with fundamentally misconceived legal basis - discussion of "associated jurisdiction" compared with "accrued jurisdiction" of this Court - respondents' conduct not unreasonable - applicant given leave to discontinue on basis that there be no order as to costs
COSTS - application by respondents that applicant pay their costs for entire proceeding or from various dates in the alternative - submitted that either applicant discontinuing in order to replicate proceeding in VCAT, in which case respondents exposed to duplicated costs, or applicant discontinuing due to unavailability of principal relief, in which case discontinuance should have occurred when that became clear - whether unreasonable act or omission by applicant - no unreasonable act or omission - consideration whether Calderbank principles applicable where no determination of proceeding on merits - rejection of offers by applicant not unreasonable, nor demonstrative of unreasonable approach more generally - application refused
PRACTICE AND PROCEDURE - application to use in VCAT affidavits lodged in this proceeding - respondent consented to use by applicant of her own affidavits - consideration whether proper basis shown for use of respondents' affidavits in VCAT - proper basis not shown
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