Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227

Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227

Although aspects of the applicants' pleadings were manifestly inadequate and the respondents were substantially successful on some interlocutory issues, the applicants' conduct in defending the strike out applications was not unreasonable in the sense required by s 570(2)(b) of the Fair Work Act 2009 (Cth). The discretion to order costs was therefore not enlivened.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Application for Costs of Interlocutory Applications in Fair Work Division Proceedings / Determined on the Papers
Outcome
The respondents' applications for costs were dismissed.
Legal Topics
['costs in Proceedings Arising Under the Fair Work Act 2009 (cth)' 'section 570(2)(b) Unreasonable Act or Omission' 'interlocutory Strike Out Applications' 'adequacy of Pleadings']
['employment and Industrial Relations' 'costs' 'fair Work'] ['costs in Proceedings Arising Under the Fair Work Act 2009 (cth)' 'section 570(2)(b) Unreasonable Act or Omission' 'interlocutory Strike Out Applications' 'adequacy of Pleadings']

Case Brief

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Procedural Posture

Application for Costs of Interlocutory Applications in Fair Work Division Proceedings / Determined on the Papers

Legal Issues

  1. 1 ['Whether the discretion to award party and party costs under s 570 of the Fair Work Act 2009 (Cth) was enlivened.' 'Whether the applicants acted unreasonably by defending interlocutory applications concerning allegedly inadequate pleadings and pursuing causes of action said to have no substantial prospects of success.']

Ratio Decidendi

Although aspects of the applicants' pleadings were manifestly inadequate and the respondents were substantially successful on some interlocutory issues, the applicants' conduct in defending the strike out applications was not unreasonable in the sense required by s 570(2)(b) of the Fair Work Act 2009 (Cth). The discretion to order costs was therefore not enlivened.

Court Disposition

The respondents' applications for costs were dismissed.

Orders

  • ["The Respondents' applications for the costs of, and incidental to, the interlocutory applications decided in Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 be dismissed."]