Federal Court of Australia
Federal Court of Australia
McLoughlin v Randstad Pty Ltd (No 2) [2021] FCAFC 177 Appeal from: McLoughlin v Randstad Pty Ltd (No 3) [2021] FCCA 223
File number: NSD 231 of 2021
Judgment of: WHITE, O'CALLAGHAN AND COLVIN JJ
Date of judgment: 1 October 2021
Catchwords: COSTS - determination of costs in appeal where appeal allowed and matter remitted for re-hearing - whether costs discretion enlivened for Court to make costs order against respondents under Fair Work Act 2009 (Cth) - whether defence of appeal by respondents unreasonable - whether costs certificate should be granted to appellant and second and third respondents pursuant to s 8 of Federal Proceedings (Costs) Act 1981 (Cth) - no costs order made against respondents - appellant granted costs certificate
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Proceedings (Costs) Act 1981 (Cth) ss 8, 14
Cases cited: Australian Workers' Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23; (2013) 232 FCR 428 McLoughlin v Randstad Pty Ltd [2021] FCAFC 160
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 15
Date of last submissions: 2 September 2021 (Appellant) 9 September 2021 (Respondents)
Date of hearing: Determined on the papers
Counsel for the Appellant: Ms K Edwards and Mr S McIntosh with Ms R Wikramanayake
Solicitor for the Appellant: Australian Centre For Disability Law
Counsel for the Respondents: Mr M Seck with Mr S Trew and Ms A Mills
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