Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd [2024] FCAFC 164

FEDERAL COURT OF AUSTRALIA Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd [2024] FCAFC 164 Appeal from: Tredders Investments Pty Ltd v Channel 9 South Australia (No 3) [2024] FCA 233 Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 4) [2024] FCA 453

File number(s): SAD 49 of 2024 SAD 66 of 2024

Judgment of: PERRY, MCEVOY AND MCDONALD JJ

Date of judgment: 11 December 2024

CONTRACTS – appeal from dismissal of application for damages for breach or repudiation of contract – where respondent issued direction to all employees and contractors to provide evidence of COVID-19 vaccination status or valid medical exemptions – where second appellant did not comply with direction and respondent terminated Services Agreement – whether appellants disobeyed lawful direction given by respondent – whether directions given lawful – whether directions given reasonable Catchwords: PRACTICE AND PROCEDURE – where new grounds raised on appeal – where no issue taken with pleading before primary judge – whether adequate explanation provided for failure to raise new grounds before primary judge – whether proposed grounds have sufficient merit – whether grounds of appeal raise new or additional findings of fact COSTS – where primary judge held that s 17 of the Independent Contractors Act 2006 (Cth) required that there be no order as to costs – whether rejection of offers to settle the proceeding constituted an unreasonable act or omission – whether the question of whether s 17(2) of the Independent Contractors Act 2006 (Cth) is engaged is capable of only one uniquely right or legally permissible answer