Federal Court of Australia
Federal Court of Australia
Hot Wok Food Makers Pty Ltd v United Workers Union (No 2) [2023] FCA 363 File number: QUD 296 of 2022
Judgment of: LOGAN J
Date of judgment: 21 April 2023
Catchwords: COSTS – where applicant sought interlocutory injunctive relief to restrain the Full Bench of Fair Work Commission from hearing of an appeal – where the first respondent argued that the interlocutory application was without reasonable cause – where the first respondent relies on s 570 (2)(b) of the Fair Work Act 2009 (Cth) – whether any act or omission of the applicant was unreasonable and caused the respondent to incur costs – impugned decision of Commission resulted from adoption of unusual course of action by Commission – where the impressionistic absence of a prima facie case not equated in the circumstances with an unreasonable action on the part of the applicant in seeking interlocutory injunctive relief – no order as to costs
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36 BDR21 v Australian Broadcasting Corporation (No 2) [2021] FCA 1347 Hot Wok Food Makers Pty Ltd v United Workers Union [2022] FCA 141 Minister for Immigration and Border Protection v SZVFW (2018) 92 ALJR 713
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