Federal Court of Australia
Federal Court of Australia
Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2021] FCAFC 13 File number: NSD 100 of 2020
Judgment of: KATZMANN, KERR AND O'CALLAGHAN JJ
Date of judgment: 17 February 2021
Catchwords: COSTS – application for lump sum costs by successful respondent in proceedings brought under Fair Work Act 2009 (Cth) – whether applicant instituted proceedings "without reasonable cause" within meaning of s 570(2)(a) of Fair Work Act 2009 (Cth) – where no application for costs made or foreshadowed at or before hearing, whether application should be refused in any event in exercise of Court's discretion — application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 570, 570(2), 570(2)(a)
Cases cited: Clarke v Dixie Cummings Enterprises Pty Ltd [2013] FCA 987 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) (2015) 230 FCR 337 Fair Work Ombudsman v Hu (No 2) [2019] FCAFC 175 Fair Work Ombudsman v Valuair Limited (No 3) [2014] FCA 1182 Kable v New South Wales (No 2) [2012] NSWCA 361 Sino Dragon Trading Ltd v Noble Resources International Pte Ltd (No 2) (2015) 246 FCR 498 Thomas v Commissioner of Taxation (No 2) [2017] FCAFC 144 Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union [2020] FCAFC 193
Division: Fair Work Division
Registry: Victoria
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