Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190 Review of: The Trustee for The MTGI Trust v Johnston [2015] FWCFB 1288 The Trustee for The MTGI Trust v Johnston [2015] FWCFB 6168
File numbers: NSD 1696 of 2015
Judges: SIOPIS, COLLIER AND KATZMANN JJ
Date of judgment: 23 December 2016
Catchwords: COSTS – application for first respondent's costs to be paid by applicant and non-party on indemnity basis – s 570 Fair Work Act 2009 (Cth) – proceedings found to have no merit – Calderback offer by first respondent refused – non-party sole director and shareholder of applicant – non-party had interest in the subject of the litigation – applicant instituted litigation vexatiously or without reasonable cause
Legislation: Fair Work Act 2009 (Cth) ss 570, 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) ss 43, 43(1), 43(2)
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No 5) [2015] FCA 334 Ashby v Slipper (No 2) [2014] FCAFC 67 Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23 Brosnan v Katke [2016] FCA 717 Calderbank v Calderbank [1975] 3 All ER 333 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2015] FCAFC 97 Coshott v Prentice [2014] FCAFC 88 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) (2012) 200 FCR 154 Garrett v Commissioner of Taxation [2015] FCA 117 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Pettit v Evolution Mining Ltd [2016] FCA 1304 re Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) (No 3) (2010) 183 FCR 150 Ryan v Primesafe [2015] FCA 8 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53 Saxena v PPF Asset Management Ltd [2011] FCA 395 Selig v Wealthsure Pty Ltd [2015] HCA 18 Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155
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