Mr Simon Lewis v SGA (1994) Pty Ltd

Mr Simon Lewis, the applicant, filed an application for costs against SGA (1994) Pty Ltd, the respondent, and the Law Society of New South Wales, an interested party. The dispute arose from proceedings previously taken by the applicant against the respondent for unlawful termination of employment, which was dismissed by the Federal Circuit Court. The matter was heard in the Fair Work Commission. The primary legal issue was whether the applicant's application for costs against the respondent and the Law Society was made without reasonable cause or without a reasonable prospect of success. Additionally, the court needed to determine whether the paid agent of the respondent engaged in unreasonable conduct warranting costs against them.

The Commission found that the applicant's application for costs against the respondent was not made without reasonable cause or without a reasonable prospect of success, and therefore, no order for costs was made against the dismissed employee. However, the Commission held that the paid agent of the respondent had engaged in unreasonable conduct, which included making baseless and vexatious claims against the applicant. Consequently, the application for costs against the paid agent was granted in part, with costs to be payable on an indemnity basis. The Commission also issued orders and directions to ensure that the paid agent refrains from making further baseless claims against the applicant.