Federal Court of Australia
Federal Court of Australia
Ittyerah v Coles Supermarkets (Australia) Pty Ltd (No 3) [2021] FCA 1117 File number: NSD 212 of 2020
Judgment of: ABRAHAM J
Date of judgment: 16 September 2021
Catchwords: costs – application for costs under s 570 of the Fair Work Act 2009 (Cth) – whether the proceedings, viewed objectively at the time they were instituted, were instituted without reasonable cause – whether interlocutory application instituted without reasonable cause – whether persisting with interlocutory application in circumstances where there was no utility in the orders sought constituted an "unreasonable act" – application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 570, 570(2), 570(2)(a), 570(2)(b), 394(3) Federal Court of Australia Act 1976 (Cth) ss 31A, 37M-37N Federal Court Rules 2011 (Cth) r 40.02(b)
Cases cited: Australian Workers' Union v Leighton Contractors Pty Limited & Ors (No 2) [2013] FCAFC 232; (2013) 232 FCR 428 Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166; (2014) 145 ALD 548 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2015] FCAFC 97; (2015) 230 FCR 337 Harpham v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (No 2) [2017] FCA 140 Hartnett Legal Services Pty Ltd v Ballantyne (No 2) [2015] FCA 1027 Ittyerah v Coles Supermarkets (Australia) Pty Ltd (No 2) [2021] FCA 412 Ittyerah v Coles Supermarkets (Australia) Pty Ltd [2020] FCA 1497 Ittyerah v Coles Supermarkets (Australia) Pty Ltd [2020] FWCFB 407 Ittyerah v Coles Supermarkets Australia Pty Ltd [2019] FWC 7404 Liu v Stephen Grubits and Associates (No 2) [2019] FCAFC 42 Menzies v Fair Work Commission [2020] FCA 36; (2020) 293 IR 301 Pal v Commonwealth of Australia (No 2) [2021] FCA 37 Reeve v Ramsay Health Care Australia Pty Ltd (No 2) [2012] FCA 1322 Sabapathy v Jetstar Airways (No 2) [2021] FCAFC 68[2021] FCAFC 68 Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190
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