Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macushla Pty Ltd (Trading as Sunnytop Bakery Ciabatta Della Nonna) v El Souki [2019] FCA 643 Appeal from: El Souki v Macushla Pty Ltd T/A Sunnytop Bakery Ciabatta Della Nonna [2017] FCCA 591
File number: VID 738 of 2017
Judge: SNADEN J
Date of judgment: 10 May 2019
Catchwords: COSTS – indemnity costs – whether or not appeal instituted vexatiously or without reasonable cause – appeal discontinued – whether or not appeal instituted for an improper purpose – whether or not appeal foredoomed to failure – sufficiency of reasons of trial judge – whether application for indemnity costs made vexatiously or without reasonable cause
Legislation: Fair Work Act 2009 (Cth), ss 45, 569, 569A and 570 Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), r 36.73
Cases cited: Baker v Patrick Projects Pty Ltd (No 2) (2014) 145 ALD 548 Colgate-Palmolive Company and Another v Cussons Pty Limited (1993) 46 FCR 225 Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 Dowling v Fairfax Media Publications Pty Ltd (No 2) [2010] FCAFC 28 El Souki v Macushla Pty Ltd (T/A Sunnytop Bakery Ciabatta Della Nonna) [2017] FCCA 591 Fox v Percy (2003) 214 CLR 118 Tytane Pty Ltd v Lyons [2017] FCA 1602
Date of hearing: 2 May 2019
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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