Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v Patrick Projects Pty Ltd (No 2) [2017] FCA 388 File number: WAD 641 of 2015
Judge: GILMOUR J
Date of judgment: 13 April 2017
Catchwords: COSTS – indemnity costs – whether indemnity costs should be awarded – principles relevant to order for indemnity costs – Federal Court of Australia Act 1976 (Cth) s 43(3)(g) INDUSTRIAL LAW – application for costs under the Fair Work Act 2009 (Cth) – whether proceedings instituted without reasonable cause – Fair Work Act 2009 (Cth) s 570(2)(a)
Legislation: Fair Work Act 2009 (Cth) s 570(2)(a) Federal Court of Australia Act 1976 (Cth) s 43(3)(g)
Cases cited: Australian Workers Union v Leighton Contractors Pty Ltd (No 2) (2013) 232 FCR 428 cited Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166 applied Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) (2015) 230 FCR 337 followed Construction, Forestry, Mining and Energy Union v Corinthian Industries (Aust) Pty Ltd (No 2) [2014] FCA 351 cited Danthanarayana v Commonwealth of Australia [2016] FCAFC 114 followed Fair Work Ombudsman v Skilled Offshore (Australia) Pty Ltd (No 2) [2015] FCA 1509 followed Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 applied King v Patrick Projects Pty Ltd [2016] FCA 1110 considered King and Ors v Patrick Projects Pty Ltd [2015] FWCFC 6323 considered Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2014] FCA 353 cited Spotless Services Australia Ltd v Marsh [2004] FCAFC 155 applied
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