Federal Court of Australia
Federal Court of Australia
SBP Employment Solutions Pty Ltd v Smith (No 2) [2021] FCA 937 Appeal from: Smith v SBP Employment Solutions Pty Ltd & Ors (No 2) [2019] FCCA 3318 Smith v SBP Employment Solutions Pty Ltd & Ors (No 3) [2019] FCCA 3516 Smith v SBP Employment Solutions Pty Ltd & Ors (No 4) [2020] FCCA 61
File number: QUD 775 of 2019 QUD 45 of 2020
Judgment of: RANGIAH J
Date of judgment: 13 August 2021
Catchwords: COSTS – Federal Court of Australia Act 1976 (Cth) s 43 – application for costs in matter arising under the Fair Work Act 2009 (Cth) – where the respondent rejected a Calderbank offer to settle before the trial – where a single offer was made on behalf of all the appellants but their individual liability differed – where the offer was greater than the ultimate award – whether the unreasonable act or omission of the respondent caused the appellants to incur costs – no order as to costs
Legislation: Fair Work Act 2009 (Cth) ss 44, 340 and 570 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Cugara v Frankston City Council [2012] FCA 1299 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 3) [2017] FCA 810 Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221 SBP Employment Solutions Pty Ltd v Smith [2021] FCA 601 Shea v EnergyAustralia Services Pty Ltd (No 2) [2015] FCAFC 14
Division: Fair Work Division
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