Federal Court of Australia
Federal Court of Australia
Tran v Kodari Securities Pty Ltd (No 2) [2020] FCA 1819 File number: NSD 310 of 2017
Judgment of: BROMWICH J
Date of judgment: 18 December 2020
Catchwords: COSTS – application by applicant for costs of respondents' abandoned cross-claim upon basis that (a) it was instituted unreasonably within the meaning of s 570(2)(a) of Fair Work Act 2009 (Cth); and (b) filing affidavit evidence to support it was an unreasonable act causing the applicant to incur costs within the meaning of s 570(2)(b) of Fair Work Act 2009 (Cth) – application by applicant for costs of the hearing upon basis that refusing to accept applicant's offer of compromise to settle the proceedings was an unreasonable act causing the applicant to incur costs within the meaning of s 570(2)(b) of Fair Work Act 2009 (Cth) – held: cross-claim not demonstrated to be instituted without reasonable cause – filing of affidavit evidence in support of cross-claim not demonstrated to be an unreasonable act causing the applicant to incur costs – refusal to accept applicant's offer of compromise to settle not demonstrated to be an unreasonable act causing the applicant to incur costs – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 182, 183 Fair Work Act 2009 (Cth) ss 570(1), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Workplace Relations Act 1996 (Cth) s 824
Cases cited: Actrol Parts Pty Ltd v Coppi (No 3) [2015] VSC 758; 49 VR 573 Australian Workers' Union v Leighton Contractors Pty Ltd (No 2) [2013] FCAFC 23 Bywater v Appco Group Australia Pty Ltd [2019] FCA 799 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; 170 FCR 574 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission [2006] FCAFC 199; 156 FCR 275 Health Services Union v Jackson (No 5) [2015] FCA 1467 Kodari Securities Pty Ltd v Tran [2020] FCAFC 164 McDonald v Parnell Laboratories (Aust) (No 2) [2007] FCA 2086; 164 FCR 591 Morris v McConaghy Australia Pty Ltd [2018] FCA 2099 R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 Reeve v Ramsay Health Care Australia Pty Ltd (No 2) [2012] FCA 1322 Ryan v Primesafe [2015] FCA 8; 323 ALR 107 Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155 Tran v Kodari Securities Pty Ltd [2019] FCA 968
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