FEDERAL COURT OF AUSTRALIA
Coghill v Indochine Resources Pty Ltd (No 3) [2015] FCA 1131
Citation: Coghill v Indochine Resources Pty Ltd (No 3) [2015] FCA 1131 Parties: ROBERT EDMOND COGHILL v INDOCHINE RESOURCES PTY LTD ACN 119 808 007 File number: NSD 206 of 2014 Judge: KATZMANN J Date of judgment: 23 October 2015 Catchwords: INDUSTRIAL LAW — costs — proceedings arising out of allegedly unlawful dismissal — relief sought by employee against employer under Fair Work Act 2009 (Cth) Pt 2–2 for contraventions of National Employment Standards and for damages for breach of employment contract — applicant employee successful —where at hearing claim under the Fair Work Act argued in the alternative — whether s 570 of Fair Work Act precluded award of costs — whether applicant employee a party to proceedings “in relation to” a matter arising under the Act within meaning of s 570(1)
PRACTICE AND PROCEDURE — interest on award of damages — costs in proceedings claiming relief under the Fair Work Act 2009 (Cth) and at common law — where at hearing claim under Fair Work Act argued in the alternative — whether award of costs precluded under s 570 of the Act
Legislation: Fair Work Act 2009 (Cth), ss 562, 563, 570
Federal Court of Australia Act 1976 (Cth), ss 32, 43
Industrial Relations Act 1988 (Cth) s 347
Workplace Relations Act 1996 (Cth) s 824Cases cited: Australasian Meat Industry Employees’ Union v Fair Work Australia (No 2) (2012) 203 FCR 430
Bostik (Australia) Pty Ltd v Gorgevski (No 2) (1992) 36 FCR 439
Byrne v Australian Airlines Ltd (1994) 47 FCR 300
Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464
Fencott v Muller (1983) 152 CLR 570Goldman Sachs JBWere Services Pty Ltd v Nikolich (2007) 163 FCR 62
Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; 317 ALR 665
Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457
Poulos v Waltons Stores (Interstate) Ltd (1986) 68 ALR 537
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
R v Commonwealth Court of Conciliation and Arbitration;Ex parte Barrett (1945) 70 CLR 141
Re Polites; Ex parte Hoyts Corp Pty Ltd (No 2) (1991) 173 CLR 78
Stanley v Service to Youth Council Inc (No 3) (2014) 225 FCR 357
Thompson v Hodder (1989) 21 FCR 467
Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (No 2) (2007) 159 FCR 274
Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (2007) 158 FCR 104Date of hearing: Heard on the papers Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 38 Counsel for the Appellant: Mr D W Robertson Solicitor for the Appellant: DC Legal Pty Ltd Counsel for the Respondent: The Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL…
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- Case
- [2015] FCA 1131
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation of section 570 of the Fair Work Act, which restricts the ability of employees to recover costs in proceedings related to the Act. The court had to determine whether Mr Coghill, having successfully argued his claim under the Fair Work Act in the alternative with a common law claim, was precluded from recovering costs under the Act. Additionally, the court considered whether Mr Coghill was a party to proceedings “in relation to” a matter arising under the Act within the meaning of section 570(1).
The court found that the applicant's claim was not precluded from recovering costs under the Fair Work Act. The court held that section 570 did not prevent an award of costs in proceedings where the relief sought was argued in the alternative under both the Act and common law. The court also concluded that Mr Coghill was not a party to proceedings “in relation to” a matter arising under the Act within the meaning of section 570(1), as the proceedings were not solely related to the Act.
Judgment was entered in favour of Mr Coghill for the sum of USD 3,162,563 and AUD 7,673. The court made no order as to costs, reflecting the interpretation of section 570 in the context of these proceedings.
Orders
Orders of the court
1. Judgment be entered in the applicant’s favour in the sum of USD 3,162,563 and AUD 7,673.
2. There be no order as to costs.
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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