Enkel v We R Finance Pty Ltd (No 2) [2021] FCA 529

Enkel v We R Finance Pty Ltd (No 2) [2021] FCA 529

The applicant did not establish that either the appeal or cross-appeal proceedings fell within exceptions to the no-costs rule in s 570 of the Fair Work Act 2009 (Cth). The rejection of the Calderbank offer was not sufficiently unreasonable under the statutory threshold to warrant a costs order.

Jurisdiction
Australia
Judgment Date
17 May 2021
Procedural Posture
Appeal and Cross Appeal / Post Judgment (costs Decision)
Outcome
Application for costs dismissed. No order as to costs.
Legal Topics
['costs' 'fair Work Act' 'calderbank Offer' 'civil Penalties']
['employment and Industrial Relations'] ['costs' 'fair Work Act' 'calderbank Offer' 'civil Penalties']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Post Judgment (costs Decision)

Legal Issues

  1. 1 ['Whether costs should be awarded under s 570 of the Fair Work Act 2009 (Cth) for the appeal and cross-appeal' 'Whether rejection of a Calderbank offer constituted an unreasonable act or omission under s 570(2)(b)']

Ratio Decidendi

The applicant did not establish that either the appeal or cross-appeal proceedings fell within exceptions to the no-costs rule in s 570 of the Fair Work Act 2009 (Cth). The rejection of the Calderbank offer was not sufficiently unreasonable under the statutory threshold to warrant a costs order.

Court Disposition

Application for costs dismissed. No order as to costs.

Orders

  • ["The cross-appellant's application for the costs of the appeal and the cross-appeal is dismissed." 'No order as to costs.']