Whitby v ZG Operations Australia Pty Ltd (No 2) [2019] FCA 201

Applicants' failure to accept the Calderbank settlement offer was not unreasonable under s 570(2)(b) due to insufficient time for proper consideration; however, proceedings against third respondent (Mr Dixon) were instituted without reasonable cause under s 570(2)(a) as no evidence or material facts reasonably established he was 'knowingly concerned' in alleged contraventions.

Jurisdiction: Australia
Judgment Date: 22 February 2019
Procedural Posture: Application for Costs / Post Dismissal; Costs Hearing
Outcome: Application for costs partially allowed; costs awarded to third respondent only
Legal Topics: ['costs Application' 'fair Work Act' 'indemnity Costs' 'employee/contractor Distinction' 'knowingly Concerned Liability']

['employment Law' 'industrial Relations'] ['costs Application' 'fair Work Act' 'indemnity Costs' 'employee/contractor Distinction' 'knowingly Concerned Liability']

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Procedural Posture

Application for Costs / Post Dismissal; Costs Hearing

Legal Issues

1 ["Whether applicants' failure to accept Calderbank offer was unreasonable under Fair Work Act s 570(2)(b)" 'Whether proceedings were instituted against third respondent without reasonable cause under Fair Work Act s 570(2)(a)' 'Whether third respondent should be awarded indemnity costs']

Ratio Decidendi

Court Disposition

Application for costs partially allowed; costs awarded to third respondent only

Orders

['Applicants pay the costs of the third respondent' "Respondents' application for costs otherwise dismissed"]