Federal Court of Australia
Federal Court of Australia
Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 4) [2024] FCA 453 File number: SAD 147 of 2022
Judgment of: KENNETT J
Date of judgment: 3 May 2024
Catchwords: COSTS – where application for damages for breach or repudiation of contract or orders varying that contract under s 16 of the Independent Contractors Act 2006 (Cth) (IC Act) dismissed – whether costs should be ordered against unsuccessful party – operation of s 17 of the IC Act – whether proceeding instituted without reasonable cause – whether applicants' rejection of settlement offers constituted unreasonable act or omission that caused the respondent to incur costs
Legislation: Constitution ss 75, 76, 77 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 22, 43 Independent Contractors Act 2006 (Cth) ss 12, 17 Judiciary Act 1903 (Cth) s 39B Workplace Relations Act 1996 (Cth) (repealed) s 824 Federal Court Rules 2011 (Cth) pt 25 Uniform Civil Rules 2020 (SA)
Cases cited: Australian Workers Union v Leighton Contractors Pty Ltd (No 2) [2013] FCAFC 23; 232 FCR 428 Brinsmead v Perfection Dairies Pty Ltd [2009] FMCA 1028 Calderbank v Calderbank [1975] 3 All ER 333 Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222; 256 FCR 306 Construction, Forestry, Mining and Energy Union and Others v Clark (2008) 170 FCR 574 Goldman Sachs JBWere Services Pty Ltd v Nikolich [2007] FCAFC 120; 163 FCR 62 Hutchinson v Comcare (No 2) [2017] FCA 370 Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 Kerrisk v DC Holdings WA Pty Ltd (No 2) [2014] FCA 196 Maritime Union of Australia v Geraldton Port Authority [2000] FCA 16 Rizeq v Western Australia [2017] HCA 23; 262 CLR 1 Salama v Sydney Trains (No 2) [2021] FCA 1200 Saxena v PPF Asset Management Ltd [2011] FCA 395 Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 2) [2023] FCA 698 Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 3) [2024] FCA 233 Trustee for the MTGI Trust v Johnston (No 2) [2016] FCAFC 190
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