LUC DAIGLE v SCT OPERATIONS PTY LIMITED [2022] NSWDC 518

LUC DAIGLE v SCT OPERATIONS PTY LIMITED [2022] NSWDC 518

The defendant's offers, including the offer of 1 July 2021 and subsequent offers, were not reasonable in all the circumstances, particularly regarding time limits and inclusive costs, and the continuation of proceedings by the plaintiff was not unreasonable. Accordingly, the defendant does not succeed under s 570 of the Fair Work Act or under UCPR r 42.1, and the plaintiff is entitled to costs.

Parties
Plaintiff/cross Defendant: Luc Daigle; Defendant/cross Claimant: SCT Operations Pty Limited
Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Civil / Costs Determination
Outcome
Defendant's application for costs dismissed; plaintiff awarded costs.
Legal Topics
Costs, Offers of Settlement, Fair Work Act S 570, UCPR R 42.1
Civil Procedure Costs Offers of Settlement Fair Work Act S 570 UCPR R 42.1

Case Brief

Summary, issues, holding and outcome

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Parties

Luc Daigle

Plaintiff/cross Defendant

SCT Operations Pty Limited

Defendant/cross Claimant

Procedural Posture

Civil / Costs Determination

Legal Issues

  1. 1 Whether the defendant is entitled to a costs order under s 570 of the Fair Work Act 2009 (Cth)
  2. 2 Whether the offers made by the defendant were reasonable for the purposes of costs under UCPR r 42.1 and s 570
  3. 3 Whether the plaintiff acted unreasonably in rejecting settlement offers

Ratio Decidendi

The defendant's offers, including the offer of 1 July 2021 and subsequent offers, were not reasonable in all the circumstances, particularly regarding time limits and inclusive costs, and the continuation of proceedings by the plaintiff was not unreasonable. Accordingly, the defendant does not succeed under s 570 of the Fair Work Act or under UCPR r 42.1, and the plaintiff is entitled to costs.

Court Disposition

Defendant's application for costs dismissed; plaintiff awarded costs.

Orders

  • Order made 19 August 2022 in relation to costs maintained.
  • Defendant to pay the plaintiff's costs of today's hearing.