Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166 Citation: Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166
Appeal from: Baker v Patrick Projects Pty Ltd [2014] FWCFB 2293
Parties: JESSE BAKER v PATRICK PROJECTS PTY LTD and FAIR WORK COMMISSION
File number: WAD 167 of 2014
Judges: DOWSETT, TRACEY AND KATZMANN JJ
Date of judgment: 5 December 2014
Catchwords: COSTS – application for costs under the Fair Work Act 2009 (Cth) – whether proceedings instituted vexatiously or without reasonable cause – consideration of "without reasonable cause" when applied to the institution of an appeal or judicial review proceedings
Legislation: Fair Work Act 2009 (Cth) – s 570 Federal Court of Australia Act 1976 (Cth) – s 43 Workers' Compensation and Injury Management Act 1981 (WA)
Cases cited: Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) (2012) 203 FCR 430 – cited Baker v Patrick Projects Pty Ltd [2014] FCAFC 165 – cited Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 – considered Imogen Pty Ltd v Sangwin (1996) 70 IR 254 – cited
Date of hearing: 10 November 2014
Place: Perth
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Appellant: Mr G Stubbs
Solicitor for the Appellant: Chapmans Barristers & Solicitors
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