Cavar v Secom Australia Pty Ltd [2022] FCA 1558

Cavar v Secom Australia Pty Ltd [2022] FCA 1558

Extension of time for leave to appeal costs judgment must be refused because there is no reasonable prospect of success; applicant's contentions are baseless or misconceived; primary judge's findings of vexatious institution of proceedings and unreasonable conduct support the making of the costs order under s 570 of the Fair Work Act.

Parties
Applicant: Celia Cavar; Respondent: Secom Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
23 December 2022
Procedural Posture
Application for Extension of Time for Leave to Appeal (costs Judgment) / Determination of Application for Extension of Time for Leave to Appeal
Outcome
Application for extension of time for leave to appeal refused
Legal Topics
Extension of Time for Appeal, Leave to Appeal Costs Orders, Vexatious Proceedings, Summary Judgment, Fair Work Act Costs Provisions
Practice and Procedure Costs Employment Law Extension of Time for Appeal Leave to Appeal Costs Orders Vexatious Proceedings Summary Judgment Fair Work Act Costs Provisions

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Parties

Celia Cavar

Applicant

Secom Australia Pty Ltd

Respondent

Procedural Posture

Application for Extension of Time for Leave to Appeal (costs Judgment) / Determination of Application for Extension of Time for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal the costs judgment is required
  2. 2 Whether extension of time to seek leave to appeal should be granted
  3. 3 Whether there was an arguable error in the costs judgment

Ratio Decidendi

Extension of time for leave to appeal costs judgment must be refused because there is no reasonable prospect of success; applicant's contentions are baseless or misconceived; primary judge's findings of vexatious institution of proceedings and unreasonable conduct support the making of the costs order under s 570 of the Fair Work Act.

Court Disposition

Application for extension of time for leave to appeal refused

Orders

  • The applicant's application for an extension of time for leave to appeal be refused.