Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cugara v Frankston City Council [2012] FCA 1299 Citation: Cugara v Frankston City Council [2012] FCA 1299
Appeal from: Cugura v Frankston City Council (No 2) [2012] FMCA 530
Parties: LUDWIG LEWIS CUGURA v FRANKSTON CITY COUNCIL
File number: VID 475 of 2012
Judge: TRACEY J
Date of judgment: 20 November 2012
Catchwords: COSTS – application for leave to appeal and appeal from costs order made by Federal Magistrate – whether costs order of Federal Magistrate interlocutory in nature – whether application lodged within requisite timeframe – consideration of s 570 of the Fair Work Act 2009 (Cth) – whether Federal Magistrate erred in finding refusal of settlement offer occurred – whether Federal Magistrate erred in finding settlement offer was not expressed to expire at particular time – exercise of discretion on basis of material and wrongful finding of fact – appeal allowed – matter remitted to Federal Magistrate for further consideration
Legislation: Fair Work Act 2009 (Cth), ss 342, 570 Federal Court of Australia Act 1976 (Cth), s 25(1AA)(a) Federal Magistrates Court Rules 2001
Cases cited: Cugura v Frankston City Council [2012] FMCA 340 – referred to Cugura v Frankston City Council (No 2) [2012] FMCA 530 – referred to, considered Hall v Nominal Defendant (1966) 117 CLR 423 – cited House v The King (1936) 55 CLR 499 – referred to
Date of hearing: 20 November 2012
Place: Melbourne
Division: GENERAL DIVISION
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