Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Traverse Alpine Operations Pty Ltd v Simpson [2022] FCA 1365 File number(s): VID 439 of 2020
Judgment of: MCELWAINE J
Date of judgment: 17 November 2022
Catchwords: COSTS – application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) – whether proceeding is "in relation to a matter arising under" the Fair Work Act – whether the unreasonable act or omission of the respondents caused the applicant to incur costs – where multiple settlement or Calderbank offers were made – where proceeding ultimately settled by consent – whether the respondents acted unreasonably in refusing offer made on 29 March 2021 – indemnity costs order made against the respondents from 12 April 2021, being the date of the expiry of the offer – respondents' application for costs of the proceeding – whether proceeding was commenced or continued without reasonable cause – no unreasonable conduct found on the part of the applicant – respondents' application for costs dismissed
Legislation: Copyright Act 1968 (Cth) s 36 Corporations Act 2001 (Cth) ss 182, 183, 184(3) Fair Work Act 2009 (Cth) ss 340, 341, 546, 570 Federal Court of Australia Act 1976 (Cth) ss 21, 37M, 37N, 43 Privacy Act 1988 (Cth) Sch 1 (Australian Privacy Principles)
Cases cited: Australian Competition and Consumer Commission v Grove & Edgar Pty Ltd [2008] FCA 1956 Black v Lipovac (1998) 217 ALR 386 BHP Group Ltd v Impiombato (2022) 96 ALJR 956; [2022] HCA 33 Calderbank v Calderbank [1975] 3 All ER 333 Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 Fencott v Muller (1982-1983) 152 CLR 570 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435; [2005] VSCA 298 Hobart International Airport Pty Ltd v Clarence City Council (2022) 96 ALJR 234; [2022] HCA 5 Joseph v Parnell Corporate Services Pty Ltd (2021) 284 FCR 546; [2021] FCAFC 67 Rana v Google Inc (2017) 254 FCR 1; [2017] FCAFC 156 Toma v Workforce Recruitment and Labour Services Pty Ltd [2022] FCAFC 100 Zibara v Ultra management (Sports) Pty Ltd (2021) 283 FCR 18; [2021] FCAFC 4
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