Li v KC Dental Pty Ltd and Ors (No.2)

In *Li v KC Dental Pty Ltd and Ors (No.2)*, heard in the Federal Court of Australia, the applicant sought an order for costs against the respondents. The dispute arose from prior proceedings, and the applicant contended that the respondents' conduct had caused them to incur costs.

The central legal issue before the Court was whether the circumstances warranted the exercise of the Court's discretion to award costs against the respondents, particularly in light of the limitations imposed by the *Fair Work Act 2009* (Cth). The applicant needed to demonstrate that the respondents' actions or inactions directly led to the applicant incurring costs.

Judge A Kelly found that the applicant had failed to establish that the respondents had engaged in any conduct, by act or omission, that caused the applicant to incur costs. Consequently, the Court determined that the power to award costs was not engaged on the facts presented. The application for costs was therefore refused.