Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Hu (No 2) [2019] FCAFC 175 Appeal from: Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034
File number: QUD 530 of 2018
Judges: FLICK, REEVES AND BROMBERG JJ
Date of judgment: 16 October 2019
Catchwords: PRACTICE AND PROCEDURE – s 570(2) of the Fair Work Act 2009 (Cth) – application for costs – conduct of appellant was not unreasonable such as to cause costs to be incurred – appeal was not such as to be instituted without reasonable cause – application refused
Legislation: Fair Work Act 2009 (Cth) ss 45, 570 Horticulture Award 2010 cl 15.2
Cases cited: Australian Securities and Investments Commission v Rich [2009] NSWSC 1229, (2009) 236 FLR 1 Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034 Fair Work Ombudsman v Hu [2019] FCAFC 133 Shea v EnergyAustralia Services Pty Ltd (No 2) [2015] FCAFC 14
Date of hearing: Determined on the papers
Date of last submissions: 28 August 2019
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 12
Counsel for the Appellant: Mr J Bourke QC with Mr A J Coulthard
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