Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PIA Mortgage Services Pty Ltd v King (No 2) [2020] FCAFC 53 Appeal from: King v PIA Mortgage Services Pty Ltd & Ors [2018] FCCA 3426 & King v PIA Mortgage Services Pty Ltd & Ors (No 2) [2019] FCCA 1460
File number: NSD 51 of 2019
Judges: RANGIAH, CHARLESWORTH AND SNADEN JJ
Date of judgment: 27 March 2020
Catchwords: COSTS – whether an order for costs ought to be made in a fair work proceeding – application of s 570 of the Fair Work Act 2009 (Cth) – whether a party's unreasonable act or omission caused the other party to incur costs – whether withdrawing contentions at the time of the hearing amounts to an unreasonable act – whether it was unreasonable for the appellants to reject an offer of compromise more favourable than what was ultimately the adjudicated result – whether the failure to pay a penalty amount imposed by the court below was an unreasonable omission – application dismissed – no order for costs
Legislation: Fair Work Act 2009 (Cth) ss 340 and 570 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221 PIA Mortgage Services Pty Ltd v King [2020] FCAFC 15
Date of hearing: Determined on the papers
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