FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Golowenko v Clime Investment Management Ltd [2021] FedCFamC2G 241
ORDERS
SYG 2954 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: ANTHONY JOHN GOLOWENKO
Applicant
AND: CLIME INVESTMENT MANAGEMENT LTD
Respondent
ORDER MADE BY:
JUDGE HUMPHREYS
DATE OF ORDER:
10 NOVEMBER 2021
THE COURT ORDERS THAT:
1.The application for costs is dismissed.
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 HUMPHREYS
INTRODUCTION
On 13 November 2019, Anthony Golowenko (“the applicant”) commenced proceedings in this Court in the Fair Work Division alleging breaches of the Fair Work Act 2009 (Cth) (“the Act”) by the Clime Management Ltd and Mr Rod Bristow (“the respondents”) by the taking adverse action against him, including his unlawful termination from the first respondent.
The applicant sought the…
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- Case
- [2021] FedCFamC2G 241
- Decision Date
CaseChat Overview and Summary
The central issue before the Commission was whether the applicants' actions were so unreasonable as to justify an award of indemnity costs. The Commission noted that the test for such costs involved whether the justice of the case required it or if there was a special or unusual feature of the case. Golowenko argued that the respondents' actions were unreasonable and that the settlement offer was inadequate. The Commission considered the evidence and concluded that the applicants' actions were not unreasonable, given the context of the case and the settlement offer made.
Given the above, the Commission found that the applicants' actions were not so unreasonable as to warrant indemnity costs. The settlement offer, though initially below what Golowenko sought, was not deemed unreasonable given the circumstances. The Commission dismissed the application for costs on an indemnity basis.
The Fair Work Commission dismissed the application for indemnity costs, finding that the applicants' actions were not unreasonable. No costs were awarded to Golowenko.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
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