Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kerrisk v DC Holdings WA Pty Limited (No 2) [2014] FCA 196 Citation: Kerrisk v DC Holdings WA Pty Limited (No 2) [2014] FCA 196
Parties: PETER KERRISK and MINDIL CORP PTY LIMITED ACN 627 665 719 v DC HOLDINGS WA PTY LIMITED ACN 136 640 330
File number: WAD 323 of 2013
Judge: BARKER J
Date of judgment: 10 March 2014
Catchwords: COSTS – application for summary judgment dismissed – whether costs order should be made against unsuccessful party – operation of s 17 Independent Contractors Act 2006 (Cth) – whether interlocutory application instituted "without reasonable cause" – whether party has "by unreasonable act or omission" caused other party to incur costs
Legislation: Independent Contractors Act 2006 (Cth) s 5, s 17, s 17(1), s 17(2) Workplace Relations Act 1996 (Cth) s 824, s 824(2)
Cases cited: Australian and International Pilots Association v Qantas Airways Limited (No 3) [2007] FCA 879; (2007) 162 FCR 392 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; (2008) 170 FCR 574 Kerrisk v DC Holdings WA Pty Limited [2013] FCA 1217
Date of hearing: Determined on the papers
Date of last submissions: 4 December 2013
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 32
Counsel for the Applicants: Mr SR Meehan
Solicitor for the Applicants: Harris Freidman
Counsel for the Respondent: Mr P O'Grady
Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 323 of 2013
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