Federal Court of Australia
Federal Court of Australia
Toma v Workforce Recruitment and Labour Services Pty Ltd (No 2) [2020] FCA 1278 File number: NSD 1072 of 2019
Judgment of: WIGNEY J
Date of judgment: 4 September 2020
Catchwords: COSTS – dismissal of an application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) – whether Court should exercise its discretion under s 570(2) of the Fair Work Act 2009 (Cth) to award costs – no clear or compelling case to award costs in the proceeding
Legislation: Fair Work Act 2009 (Cth) ss 570, 570(2), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 39
Cases cited: Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 Ryan v Primesafe [2015] FCA 8; 323 ALR 107 Toma v Workforce Recruitment and Labour Services Pty Ltd [2020] FCA 1102
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 16
Date of last submissions: 10 August 2020
Date of hearing: 1 November 2019
Counsel for the Applicant: The applicant appeared in person
Counsel for the First Respondent: Mr A Burnett
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs
ORDERS NSD 1072 of 2019
BETWEEN: LOI TOMA Applicant
AND: WORKFORCE RECRUITMENT AND LABOUR SERVICES PTY LTD ACN 142 782 296 First Respondent
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