Jamsek v ZG Operations Australia Pty Ltd (No 2) [2020] FCAFC 179

Jamsek v ZG Operations Australia Pty Ltd (No 2) [2020] FCAFC 179

The Respondents' defence of the appeal was not unrealistic. The existence of an employment relationship in the circumstances was a notoriously difficult area upon which minds may legitimately differ, so the exception in s 570(2)(b) was not engaged and the costs order had to be revoked.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Industrial Law Appeal Concerning Costs Under S 570(2)(b) of the Fair Work Act 2009 (cth) / Determined on the Papers After the Full Court Allowed the Appeal and Ordered the Respondents to Pay Mr Jamsek's Costs
Outcome
Costs order revoked.
Legal Topics
['costs in Fair Work Act Proceedings' 'unreasonable Act or Omission Under S 570(2)(b)' 'defence of Appeal']
['industrial Law' 'employment and Industrial Relations'] ['costs in Fair Work Act Proceedings' 'unreasonable Act or Omission Under S 570(2)(b)' 'defence of Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Law Appeal Concerning Costs Under S 570(2)(b) of the Fair Work Act 2009 (cth) / Determined on the Papers After the Full Court Allowed the Appeal and Ordered the Respondents to Pay Mr Jamsek's Costs

Legal Issues

  1. 1 ["Whether the Respondents' defence of the appeal was an unreasonable act or omission causing costs under s 570(2)(b) of the Fair Work Act 2009 (Cth)." 'Whether the costs order made on 16 July 2020 should be revoked.']

Ratio Decidendi

The Respondents' defence of the appeal was not unrealistic. The existence of an employment relationship in the circumstances was a notoriously difficult area upon which minds may legitimately differ, so the exception in s 570(2)(b) was not engaged and the costs order had to be revoked.

Court Disposition

Costs order revoked.

Orders

  • ['Order 6 of the orders dated 16 July 2020 be revoked.']