Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048 Citation: Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048
Parties: ANTHONY TSILIBAKIS v TRANSFIELD SERVICES (AUSTRALIA) PTY LTD
File number: SAD 274 of 2013
Judge: WHITE J
Date of judgment: 23 September 2015
Catchwords: COSTS – application for costs under s 570 of the Fair Work act 2009 (Cth) – Court's discretion to award costs – whether the respondent incurred costs caused by unreasonable act or omission of the applicant – shortcomings in aspect of the applicant's conduct of the proceedings but not such as to enliven the costs discretion – application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340(1), 570 Federal Court Act 1976 (Cth) ss 37N, 43
Cases cited: Ashby v Slipper (No 2) [2014] FCAFC 67; (2014) 314 ALR 84 Australian and International Pilots Association v Qantas Airways Ltd (No 3) [2007] FCA 879; (2007) 162 FCR 392 Calderbank v Calderbank (1975) 3 All ER 353 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; (2008) 170 FCR 574 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission [2006] FCAFC 199; (2006) 156 FCR 275 Specsavers Pty Ltd v The Optical Superstore Pty Ltd [2012] FCAFC 183; (2012) 208 FCR 78
Date of hearing: 4 September 2015
Place: Adelaide
Division: GENERAL DIVISION
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