Federal Court of Australia
Federal Court of Australia
Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227 File number(s): NSD 349 of 2022 NSD 506 of 2022
Judgment of: BURLEY J
Date of judgment: 13 March 2024
Catchwords: COSTS – application for costs of interlocutory applications – where respondents substantially successful – whether discretion to award party and party costs under s 570 of the Fair Work Act 2009 (Cth) enlivened – whether applicants acted unreasonably in pursuing action with no substantial prospects of success – application dismissed.
Legislation: Fair Work Act 2009 (Cth) ss 370, 570, 570(2)(b) Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Augusta Ventures Ltd v Mt Arthur Coal Pty Ltd [2020] FCAFC 194; (2020) 283 FCR 123 Australian Workers Union v Leighton Contractors Pty Ltd (No 2) [2013] FCAFC 23; (2013) 232 FCR 428 Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222; (2017) 256 FCR 306 Commonwealth of Australia v Construction, Forestry, Mining and Energy Union [2003] FCAFC 115; (2003) 129 FCR 271 Enkel v We R Finance Pty Ltd [2020] FCA 1668 Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ryan v Primesafe [2015] FCA 8; (2015) 323 ALR 107 Saxena v PPF Asset Management Ltd [2011] FCA 395 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190 Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048
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