Manchester v Camerons Motorist Services Pty Ltd & Anor; Bromfield v Camerons Motorist Services Pty Ltd & Anor; Cargill v Camerons Motorist Services Pty Ltd & Anor [2022] NSWDC 592

District Court New South Wales

Medium Neutral Citation: Manchester v Camerons Motorist Services Pty Ltd & Anor; Bromfield v Camerons Motorist Services Pty Ltd & Anor; Cargill v Camerons Motorist Services Pty Ltd & Anor [2022] NSWDC 592 Hearing dates: On the papers Date of orders: 28 November 2022 Decision date: 28 November 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 26 Catchwords: COSTS – claim for unpaid wages and entitlements under a federal award – successful application to amend pleadings – whether unreasonable conduct by the plaintiffs caused the defendant to incur costs – whether discretion should be exercised to award costs – policy underlying costs orders under FW Act and reconciling that policy with case management objectives in ordinary civil proceedings – significance of costs application for interlocutory procedural applications - Fair Work Act 2009 (Cth), s 570(2) Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56-60, 98 Fair Work Act 2009 (NSW) ss 560, 570 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Vehicle, Manufacturing, Repair, Service and Retail Award 2010 (Cth) Cases Cited: BDR21 v ABC (No.2) [2021] FCA 1347 Mutch v ISA Management Pty Ltd (No.2) [2020] FCA 954 Saxena v PPF Asset Management Ltd [2011] FCA 395 Tucker v State of Victoria (No.2)[2021] VSCA 182 Category: Costs Parties: L Manchester (plaintiff) A Bromfield (plaintiff) G Cargill (plaintiff) Camerons Motorist Services Pty Ltd (first defendant) E Cameron (second defendant) Representation: Counsel: O Fagir for the plaintiffs P Singleton for the defendants