Federal Court of Australia
Federal Court of Australia
Roohizadegan v TechnologyOne Limited (No 5) [2020] FCA 1734 File number: VID 996 of 2016
Judgment of: KERR J
Date of judgment: 30 November 2020
Catchwords: COSTS – application for costs advanced by successful Applicant in a general protections application brought under the Fair Work Act 2009 (Cth) (Fair Work Act) – whether Respondents' unreasonable acts or omissions caused Applicant to incur costs in accordance with s 570(2)(b) of the Fair Work Act – Court satisfied that only certain aspects of the Respondents' conduct (being their failing to accept a settlement offer or make a plausible counter-offer late in the trial, the Second Respondent's failure to participate in a mediation, and their advancing an application for a temporary stay of the Court's final orders without a plausible basis) were unreasonable acts or omissions – limited costs order made in Applicant's favour
Legislation: Fair Work Act 2009 (Cth) ss 365, 570
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Martin v Norton Rose Fulbright Australia (No 11) [2020] FCA 1641 Roohizadegan v TechnologyOne Limited [2019] FCA 1145 Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407 Roohizadegan v TechnologyOne Limited (No 3) [2020] FCA 1571
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 46
Date of last submissions: 27 November 2020
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr J Tracey and Mr R Minson
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