Federal Court of Australia
Federal Court of Australia
Sabapathy v Jetstar Airways (No 2) [2021] FCAFC 68 Appeal from: Application for leave to appeal: Sabapathy v Jetstar Airways & Ors [2020] FCCA 1433
File numbers: NSD 615 of 2020 NSD 786 of 2020
Judgment of: LOGAN, FLICK AND KATZMANN JJ
Date of judgment: 11 May 2021
Catchwords: PRACTICE AND PROCEDURE – Costs – Fair Work Act 2009 (Cth), s 570(2) – whether occasion for the awarding of costs established – order for costs against solicitor
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Federal Court Rules 2011 (Cth) rr 1.40, 40.07
Cases cited: Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated (1981) 148 CLR 170 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 In re the Will of FB Gilbert (deceased) (1946) 46 SR (NSW) 318 Joseph v Parnell Corporate Services Pty Ltd [2021] FCAFC 67 Re McJannett; Ex parte Australian Workers' Union of Employees, Queensland (No 2) (1997) 189 CLR 654 Ryan v Primesafe [2015] FCA 8; 323 ALR 107 Sabapathy v Jetstar Airways [2021] FCAFC 25 Stanley v Service to Youth Council Inc (No 3) (2014) 225 FCR 357 Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2021] FCAFC 13 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190
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