Martires v Endura Paint Pty Ltd (No 3) [2021] FCA 314

Martires v Endura Paint Pty Ltd (No 3) [2021] FCA 314

Section 570 of the Fair Work Act 2009 (Cth) applies to the judicial review proceedings brought under s 39B of the Judiciary Act because the proceedings related to rights under the Fair Work Act. The applicant did not act vexatiously, without reasonable cause, or unreasonably for the purposes of s 570(2), so no order for costs can be made.

Parties
Applicant: Edmund Ricardo Martires; First Respondent: Endura Paint Pty Ltd; Second Respondent: Federal Circuit Court of Australia
Jurisdiction
Australia
Judgment Date
30 March 2021
Procedural Posture
Judicial Review Application (costs Determination) / Post Judgment; Costs Application After Dismissal of Judicial Review
Outcome
Application for costs dismissed. No order as to costs of judicial review application.
Legal Topics
Costs, Fair Work Act, Judicial Review
Employment Law Industrial Relations Costs Fair Work Act Judicial Review

Case Brief

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Parties

Edmund Ricardo Martires

Applicant

Endura Paint Pty Ltd

First Respondent

Federal Circuit Court of Australia

Second Respondent

Procedural Posture

Judicial Review Application (costs Determination) / Post Judgment; Costs Application After Dismissal of Judicial Review

Legal Issues

  1. 1 Whether the restriction on costs under s 570 of the Fair Work Act 2009 (Cth) applies to a judicial review application brought under s 39B of the Judiciary Act 1903 (Cth)
  2. 2 Whether the applicant instituted proceedings vexatiously or without reasonable cause or engaged in unreasonable conduct under s 570(2) of the Fair Work Act

Ratio Decidendi

Section 570 of the Fair Work Act 2009 (Cth) applies to the judicial review proceedings brought under s 39B of the Judiciary Act because the proceedings related to rights under the Fair Work Act. The applicant did not act vexatiously, without reasonable cause, or unreasonably for the purposes of s 570(2), so no order for costs can be made.

Court Disposition

Application for costs dismissed. No order as to costs of judicial review application.

Orders

  • The first respondent's application for the costs of the proceeding is dismissed.