Elegant Australia Pty Ltd v Chen; Chen v Elegant Australia Pty Ltd (No 2) [2020] NSWDC 49

Elegant Australia Pty Ltd v Chen; Chen v Elegant Australia Pty Ltd (No 2) [2020] NSWDC 49

Section 570(1) of the Fair Work Act applies to all proceedings in relation to a matter arising under the Act, and no exceptional circumstances under s 570(2)(a) or (b) were established to warrant a departure from the general no-costs rule.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
No order as to costs for initial Claim and Cross Claim
Legal Topics
['fair Work Act S 570' 'costs Discretion' 'calderbank Offers' 'party to Party Costs' 'indemnity Costs']
['costs'] ['fair Work Act S 570' 'costs Discretion' 'calderbank Offers' 'party to Party Costs' 'indemnity Costs']

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether s 570(1) of the Fair Work Act applies to costs orders for proceedings' 'Whether exceptions under s 570(2)(a) and (b) of the Fair Work Act are satisfied for costs orders']

Ratio Decidendi

Section 570(1) of the Fair Work Act applies to all proceedings in relation to a matter arising under the Act, and no exceptional circumstances under s 570(2)(a) or (b) were established to warrant a departure from the general no-costs rule.

Court Disposition

No order as to costs for initial Claim and Cross Claim

Orders

  • ['In lieu of the order as to costs of 28 January 2020 (order 4), there will be no order as to costs both in respect of the initial Claim and Cross Claim.']