Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mutch v ISG Management Pty Ltd (No 2) [2020] FCA 954 File number: VID 1492 of 2018
Judge: BROMBERG J
Date of judgment: 8 July 2020
Catchwords: COSTS – s 570(2)(b) of the Fair Work Act 2009 (Cth) – various interlocutory applications unsuccessful – adjournment application causing costs to be thrown away – whether any "unreasonable act or omission" to justify adverse costs orders – consideration of purpose of s 570 – whether presence of litigation funder relevant to exercise of discretion
Legislation: Fair Work Act 2009 (Cth) s 570
Cases cited: BMW Australia Limited v Brewster [2019] HCA 45 Bywater v Appco Group Australia Pty Ltd [2019] FCA 799 Construction, Forestry, Mining and Energy Union v Clark (2008) 170 FCR 574 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 Hutchinson v Comcare (No 2) [2017] FCA 370 Money Max Int Pty Ltd v QBE Insurance Group Ltd (2016) 245 FCR 191 MTGI Trust v Johnston (No 2) [2016] FCAFC 190 Mutch v ISG Management Pty Ltd [2020] FCA 362 Ryan v Primesafe [2015] FCA 8 Saxena v PPF Asset Management Limited [2011] FCA 395 Turner v Tesa Mining (NSW) Pty Ltd [2019] FCA 1644
Date of hearing: Determined on the papers
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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