MALEKNIA v University of Sydney (No.2)

[2016] FCCA 1054

FEDERAL CIRCUIT COURT OF AUSTRALIA

MALEKNIA v UNIVERSITY OF SYDNEY (NO.2) [2016] FCCA 1054

Catchwords:
COSTS – Whether the ordinary rule in relation to costs should be dispensed with – whether the application is vexatious – whether the applicant was unreasonable in pursuing the proceedings – costs awarded against the applicant.

Legislation:

Fair Work Act 2009 (Cth), ss.570, 572

Applicant: SIMIN MALEKNIA

Respondent: UNIVERSITY OF SYDNEY

File Number: SYG 1331 of 2015

Judgment of: Judge Street

Hearing date: 4 May 2016

Date of Last Submission: 4 May 2016

Delivered at: Sydney

Delivered on: 4 May 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondent: Ms J Wright
University of Sydney

ORDERS

1. Pursuant to s.570(2)(a) of the Fair Work Act 2009 the applicant pay the costs of the respondent fixed in the amount of $103,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1331 of 2015

SIMIN MALEKNIA

Applicant

And

UNIVERSITY OF SYDNEY

Respondent

REASONS FOR JUDGMENT

1. This is a matter in which the proceedings were dismissed for want of appearance by the applicant. The matter was fixed today for hearing of a motion for summary dismissal of the proceedings. I take into account that the ordinary rule in relation to costs is that each party should pay their own costs under s.570 of the Fair Work Act 2009.  I take into account the caution that should be exercised in relation to making a costs order against an applicant.

2. In the present case, the proceedings were on their face, vexatious and included allegations of a kind entirely extraneous to the Fair Work Act 2009. I am satisfied that due to the unreasonable conduct of the applicant in pursuing the proceedings, the applicant has caused the respondent to incur loss in respect of the incurring of costs. I am satisfied that this is an appropriate matter taking into account the cautions I have referred to, to make an order under s.570(2) of the Fair Work Act 2009.

3. I am satisfied that the applicant instituted these proceedings vexatiously and without reasonable cause within the meaning of s.570(2)(a). I am satisfied that the costs in the amount of $103,000.00 is, on the evidence before the Court, the party party costs incurred by the respondent caused by the vexatious bringing of these proceedings.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 18 May 2016