Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shea v Energy Australia Services Pty Ltd (No 7) [2014] FCA 1091 Citation: Shea v Energy Australia Services Pty Ltd (No 7) [2014] FCA 1091
Parties: KATE SHEA v ENERGY AUSTRALIA SERVICES PTY LTD
File number: VID 289 of 2012
Judge: JESSUP J
Date of judgment: 13 October 2014
Catchwords: PRACTICE AND PROCEDURE – costs – whether proceeding instituted vexatiously or without reasonable cause – whether established by absence of genuine belief in truth of facts that would sustain some elements of cause of action – whether unreasonable act or omission by applicant caused respondent to incur costs – whether unreasonable not to accept monetary settlement offer when claim made for reinstatement – whether unreasonable to advance allegations known to be unsupported by admissible evidence – whether unreasonable to seek to adduce evidence of value only to embarrass or humiliate other party's witness – whether costs to be raised on an indemnity basis
Legislation: Evidence Act 1995 (Cth) s 138 Fair Work Act 2009 (Cth) ss 340, 341, 361, 545, 570
Cases cited: Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 Black v Lipovac (1998) 217 ALR 386 CGU Insurance Limited v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 Parker v Comptroller-General of Customs (2009) 252 ALR 619 Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271 Williams v Spautz (1992) 174 CLR 509
Date of hearing: 28 May 2014
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