FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)Cheung v Aust Landing Group Pty Ltd (No 2) [2024] FedCFamC2G 457
File number(s): MLG 2683 of 2022 Judgment of: JUDGE CHAMPION Date of judgment: 23 May 2024 Catchwords: FAIR WORK – Costs – Whether s. 570 of the Fair Work Act applies to a proceeding in which the court decides that it does not have jurisdiction as to one of the claims in the proceeding – Section 570 applies – Where proceedings not instituted without reasonable cause – Where Court not satisfied that a party’s unreasonable act or omission caused the other party to incur costs – No order as to costs Legislation: Fair Work Act 2009 (Cth) ss. 117, 323, 570 Cases cited: Australian and International Pilots Association v Qantas Airways Ltd (No 3) (2007) 162 FCR 392
Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23
Construction, Forestry, Mining and Energy Union v Clarke [2008] 170 FCR 574; FCAFC 143
Energy Australia Yallourn Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union (2018) 264 FCR 342, [2018] FCAFC 146
Fencott v Muller (1983) 152 CLR 570
Fountain v Alexander (1982) 150 CLR 615
Geneff v Peterson (1986) 19 IR 40
Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257
Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221, [2015] FCAFC 20,
Division: Division 2 General Federal Law Number of paragraphs: 37 Date of last submission/s: 2 May 2024 Date of hearing: On the papers Place: Melbourne Solicitor for the Applicant: Jewell Hancock Employment Lawyers Solicitor for the Respondents: Jiangty Law ORDERS
MLG 2683 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: ANDREW CHEUNG
Applicant
AND: AUST LANDING GROUP PTY LTD
Respondent
ORDER MADE BY:
JUDGE CHAMPION
DATE OF ORDER:
23 MAY 2024
THE COURT ORDERS THAT:
1.There is no order as to costs.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE CHAMPION:
INTRODUCTION AND SUMMARY
On 28 March 2024 I delivered reasons and made orders dismissing the application in the principal judgment (Cheung v Aust Landing Group Pty Ltd [2024] FedCFamC2G 278) (Principal Judgment; PJ). I reserved the question of costs.
In due course, the Respondents sought an order that the Applicant “pay 50% of their costs in circumstances where two of the three claims advanced by the Applicant were not within the jurisdiction of the Court”.
The Applicant submits that…
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- Case
- [2024] FedCFamC2G 457
- Decision Date
CaseChat Overview and Summary
The court examined whether the Applicant's claims were instituted without reasonable cause or vexatiously, and whether any unreasonable act or omission led to the Respondents incurring costs. It found that while the Applicant's Loan Agreement claim was not within the court's jurisdiction, it did not consider this claim to have been instituted vexatiously or without reasonable cause. Similarly, the abandonment of the Expenses Agreement claim meant the court did not need to address its jurisdictional status. The court concluded that the Applicant had not acted unreasonably, and therefore, there was no basis to order the Applicant to pay the Respondents' costs. Consequently, the court determined that no order for costs should be made.
The court's decision was based on its assessment of the Applicant's conduct and the nature of the claims, leading to the conclusion that the conditions specified in section 570 of the Fair Work Act were not met. As a result, the final order was that there be no order as to costs, reflecting the court's view that neither party's actions warranted an adverse costs order.
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