Federal Court of Australia
Federal Court of Australia McGrory v Horizon One Recruitment Pty Ltd (No 2) [2025] FCA 153 File number(s):
Judgment of: COLLIER J
Date of judgment: 4 March 2025
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under s 31A(2) of Federal Court of Australia Act 1976 (Cth) and 26.01 of Federal Court Rules 2011 (Cth) – alternative application for entirety of statement of claim to be struck out pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) with no leave to replead – principles concerning summary judgment under s 31A of Federal Court of Australia Act 1976 (Cth) – where there is no reasonable prospect of successfully prosecuting the proceeding – summary judgment entered for respondent against applicant – where almost all of statement of claim includes frivolous or vexatious material, fails to disclose a reasonable cause of action and is embarrassing – meaning of "embarrassing" in relation to pleadings – where no utility in allowing the applicant to replead – statement of claim struck out COSTS – application for costs under s 570 of Fair Work Act 2009 (Cth) – principles concerning the award of costs under s 570 of Fair Work Act 2009 (Cth) – where conduct in prosecuting the proceeding was unreasonable – impecuniosity not a relevant consideration in awarding costs – costs awarded
Fair Work Act 2009 (Cth) ss 340, 343, 351, 570 Legislation: Federal Court Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 16.21, 26.01
Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 KTC v David [2022] FCAFC 60 Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166 Fuller v Toms [2012] FCAFC 155 Benjamin Hornigold Ltd v John Bridgeman Limited (No 3) (Strikeout, Representation, and Costs) [2025] FCA 94 McGrory v Horizon One Recruitment Pty Ltd [2024] FCA 810 Cases cited: Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227 VDCL v Purcell [2024] FCA 107 Mpinda v Fair Work Commission [2022] FCA 1111 Webb v Commonwealth [2021] FCA 1215 Quach v Commissioner of Taxation [2019] FCA 1729 Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048 Shelton v National Roads and Motorists Association Ltd [2004] FCA 1393 Nulyarimma v Thompson (1999) 96 FCR 153; [1995] FCA 1192
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