Federal Court of Australia
Federal Court of Australia
Stolz v Registered Clubs Association of New South Wales [2022] FCA 1451 File number(s): NSD 1225 of 2020
Judgment of: GOODMAN J
Date of judgment: 5 December 2022
Catchwords: COSTS – application and cross-application for costs in a proceeding in which s 570 of the Fair Work Act 2009 (Cth) applies – whether either party engaged in an unreasonable act or omission that caused the other party to incur costs – unreasonableness not established – application and cross-application dismissed
Legislation: Fair Work Act 2009 (Cth), ss 569, 569A, 570 Federal Court of Australia Act 1976 (Cth), s 43 Workplace Relations Act 1996 (Cth), s 824 Defamation Act 2005 (NSW), s 25
Cases cited: BDR21 v Australian Broadcasting Corporation (No 2) [2021] FCA 1347 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; (2008) 170 FCR 574 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681 PIA Mortgage Services Pty Ltd v King (No 2) [2020] FCAFC 53 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 43
Date of last submission/s: 5 August 2022
Date of hearing: Determined on the papers
Counsel for the applicant: Mr A Duc
Solicitor for the applicant: Xenophon Davis
Counsel for the respondent: Mr M Seck and Mr D Fuller
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