Baker v Patrick Projects Pty Ltd (No 2)

Case [2014] FCAFC 166

FEDERAL COURT OF AUSTRALIA

Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166

Citation: Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166
Appeal from: Baker v Patrick Projects Pty Ltd [2014] FWCFB 2293
Parties: JESSE BAKER v PATRICK PROJECTS PTY LTD and FAIR WORK COMMISSION
File number: WAD 167 of 2014
Judges: DOWSETT, TRACEY AND KATZMANN JJ
Date of judgment: 5 December 2014
Catchwords: COSTS – application for costs under the Fair Work Act 2009 (Cth) – whether proceedings instituted vexatiously or without reasonable cause – consideration of “without reasonable cause” when applied to the institution of an appeal or judicial review proceedings
Legislation: Fair Work Act 2009 (Cth) – s 570
Federal Court of Australia Act 1976 (Cth) – s 43
Workers’ Compensation and Injury Management Act 1981 (WA)
Cases cited: Australasian Meat Industry Employees’ Union v Fair Work Australia (No 2) (2012) 203 FCR 430 – cited
Baker v Patrick Projects Pty Ltd [2014] FCAFC 165 – cited
Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 – considered
Imogen Pty Ltd v Sangwin (1996) 70 IR 254 – cited
Date of hearing: 10 November 2014
Place: Perth
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Appellant: Mr G Stubbs
Solicitor for the Appellant: Chapmans Barristers & Solicitors
Counsel for the Respondents: Mr Y Shariff
Solicitor for the Respondents: K & L Gates

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

FAIR WORK DIVISION

WAD 167 of 2014
ON APPEAL FROM THE FULL BENCH OF THE FAIR WORK COMMISSION
BETWEEN:

JESSE BAKER
Appellant
AND:

PATRICK PROJECTS PTY LTD
First Respondent

FAIR WORK COMMISSION
Second Respondent

JUDGES:

DOWSETT, TRACEY AND KATZMANN JJ

DATE OF ORDER:

5 DECEMBER 2014

WHERE MADE:

MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT:

1.The applicant pay the first respondent’s costs of the application.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

FAIR WORK DIVISION

WAD 167 of 2014
ON APPEAL FROM THE FULL BENCH OF THE FAIR WORK COMMISSION
BETWEEN:

JESSE BAKER
Appellant
AND:

PATRICK PROJECTS PTY LTD
First Respondent

FAIR WORK COMMISSION
Second Respondent

JUDGES:

DOWSETT, TRACEY AND KATZMANN JJ

DATE:

5 DECEMBER 2014

PLACE:

MELBOURNE (HEARD IN PERTH)

REASONS FOR JUDGMENT

THE COURT

  1. On 10 November 2014 the Court dismissed an application for judicial review of a decision of a Full Bench of the Fair Work Commission:  see Baker v Patrick Projects Pty Ltd [2014] FCAFC 165.

  2. Counsel for the first respondent (“Patrick”) immediately applied for an order for costs and made oral submissions in support of that application.  Counsel for Mr Baker advised the Court that he was not in a position to respond to those submissions.  As a result, and with some reluctance, the Court directed the parties to file and exchange written submissions on the question.  Those submissions have…

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AGLC
Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166
Case
[2014] FCAFC 166
Decision Date

CaseChat Overview and Summary

The case of Baker v Patrick Projects Pty Ltd (No 2) involved an application by the applicant, Baker, for costs under the Fair Work Act 2009 (Cth). The dispute arose from an earlier decision in which Baker sought review of a decision made by the Fair Work Commission. The first respondent, Patrick Projects Pty Ltd, applied for costs against Baker on the grounds that the proceedings were instituted vexatiously or without reasonable cause. The case was heard in the Federal Court of Australia.

The central legal issue for the court was to determine whether the applicant's proceedings were instituted without reasonable cause, particularly in the context of an appeal or judicial review. The court had to consider the relevant criteria for assessing whether proceedings were instituted without reasonable cause and how this applied to the specific circumstances of the case. The court also needed to balance the need to protect the rights of individuals to seek review of decisions against the potential for abuse of the judicial process.

In delivering the judgment, the court considered the principles established in previous cases regarding the assessment of whether proceedings were instituted without reasonable cause. It found that the applicant's case lacked a reasonable prospect of success and that the proceedings were brought without adequate preparation or consideration of the merits. The court concluded that the applicant's actions amounted to instituting the proceedings without reasonable cause. Consequently, the application for costs was dismissed, and the applicant was ordered to pay the first respondent's costs of the application. The court's reasoning was based on the established criteria for assessing the merits of the case and the applicant's failure to adequately prepare for the proceedings.

The final orders of the court required the applicant to pay the first respondent's costs of the application, reflecting the court's determination that the proceedings were brought without reasonable cause. This decision underscores the importance of ensuring that legal proceedings are instituted with adequate grounds and preparation to avoid unnecessary costs and abuse of the judicial process.

Orders

Orders of the court

1. The applicant pay the first respondent’s costs of the application.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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