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Thompson, Jody v Racing Victoria Ltd (ACN 096 917 930) (No 2) [2020] VSC 684

Supreme Court of Victoria
Common Law Division
Cavanough J

Thompson, Jody v Racing Victoria Ltd (ACN 096 917 930) (No 2)

Judgment Date: 
16 October 2020

COSTS - Successful appeal from Victorian Civil and Administrative Tribunal ('VCAT') in occupational disciplinary matter that commenced before Racing Appeals and Disciplinary Board ('RADB') - General principle that costs follow the event - 'Late amendment' principle - Appellant's late amendments not increasing or wasting respondent's costs - No discount on that basis - Other aspects of appellant's conduct of proceeding warranting small discount - Respondent to pay 90% of the appellant's costs of the proceeding but excluding costs of misconceived interlocutory application - Costs of proceedings below in VCAT and RADB - No proper claim for such costs - Inappropriate in this case for Supreme Court to order payment of VCAT costs or to remit the question of VCAT costs to VCAT - Doubts as to power of RADB, VCAT or Supreme Court to award costs in respect of RADB proceeding - No order as to costs below.