Hobson v BWL Pty Ltd and Ors (No.5)

Hobson (the applicant) commenced proceedings against BWL Pty Ltd and Ors (the respondents) in the Federal Court of Australia under the *Fair Work Act 2009* (Cth). The applicant subsequently discontinued these proceedings. The respondents then applied for an order for costs.

The central legal issue before the Court was whether the applicant's conduct constituted an "unreasonable act or omission" that caused the respondents to incur costs, thereby justifying an award of costs against the applicant, notwithstanding the general rule that costs follow the event in discontinued proceedings.

Judge Lucev considered the applicant's conduct in discontinuing the proceedings and the circumstances surrounding that decision. The Court applied the principles governing the award of costs in discontinued proceedings, particularly where an applicant's actions have led to unnecessary expenditure by the respondent. The Court found that the applicant's conduct did not meet the threshold for an unreasonable act or omission that would warrant departing from the usual costs order.

The Court ordered that the applicant pay the respondents' costs of the proceedings, to be taxed if not agreed.