Langton v Eco-Growth International Pty Ltd [2023] FCA 743

Federal Court of Australia

Langton v Eco-Growth International Pty Ltd [2023] FCA 743 File number: QUD 91 of 2023

Judgment of: LOGAN J

Date of judgment: 5 June 2023

Catchwords: PRACTICE AND PROCEDURE – where the applicant files an originating application under Fair Work Act 2009 (Cth) (Fair Work Act) alleging contravention of a general protection but seeks relief under ss 1317AE, 1317G and s 233 of Corporations Act 2011 (Cth) (Corporations Act) as a minority shareholder – where the respondent failed to file defence as ordered by Court – where applicant gives notice respondents are in breach of Court order – defence filed late – where the defence adopts "accepts" rather than "admits" – where there is a need for an amended defence – where summary judgment not appropriate – where the question is one of costs – where s 570 Fair Work Act applies even though Corporations Act also invoked – where respondents afford no explanation by way of affidavit for late defence – where the Court is satisfied the respondents' non-compliance with Court order has visited unnecessary costs on applicant – respondents to pay applicant's costs of interlocutory application and case management hearing

Legislation: Corporations Act 2001 (Cth) ss 181, 233, 1317AE, 1317G Fair Work Act 2009 (Cth) ss 368, 570 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 16.02, 16.03

Division: Fair Work Division

Registry: Queensland

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 13

Date of hearing: 5 June 2023