Thomas v University of Melbourne (No. 5) [2020] FCA 534

Thomas v University of Melbourne (No. 5) [2020] FCA 534

Mr Thomas instituted the relevant proceedings vexatiously and without reasonable cause, particularly by claiming employee status without evidence and by collaterally vexing many parties; thus under s 570(2)(a) of the Fair Work Act and the general rule, his conduct justifies costs orders in favour of the University. A global, lump sum costs order is appropriate given the related nature of the claims and Mr Thomas's conduct. The costs are conservatively fixed at $45,000 across the three proceedings to indemnify the University and bring the litigation to an end.

Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Costs Application Following Dismissal as Abuse of Process / Post Judgment, Costs Determination
Outcome
Costs awarded in favour of the University of Melbourne against Mr Thomas, assessed globally and in a lump sum.
Legal Topics
['costs' 'fair Work Act' 'abuse of Process' 'lump Sum Costs Order']
['administrative and Constitutional Law and Human Rights'] ['costs' 'fair Work Act' 'abuse of Process' 'lump Sum Costs Order']

Case Brief

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Procedural Posture

Costs Application Following Dismissal as Abuse of Process / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Should costs orders be made in favour of the University against Mr Thomas in three proceedings, including costs under s 570 of the Fair Work Act?' 'Should a global lump sum costs order be made across the three proceedings?' "In what amount should the University's costs be assessed?"]

Ratio Decidendi

Mr Thomas instituted the relevant proceedings vexatiously and without reasonable cause, particularly by claiming employee status without evidence and by collaterally vexing many parties; thus under s 570(2)(a) of the Fair Work Act and the general rule, his conduct justifies costs orders in favour of the University. A global, lump sum costs order is appropriate given the related nature of the claims and Mr Thomas's conduct. The costs are conservatively fixed at $45,000 across the three proceedings to indemnify the University and bring the litigation to an end.

Court Disposition

Costs awarded in favour of the University of Melbourne against Mr Thomas, assessed globally and in a lump sum.

Orders

  • ['The applicant pay the costs of the University of Melbourne fixed in the sum of $45,000.' 'The order for costs is concurrent with orders in VID738 of 2018, VID950 of 2018, and VID1407 of 2018, so the University may not recover more than $45,000 across the three proceedings.']