Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147

Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147

The respondent is entitled to costs certificates under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) because the appeal succeeded on a question of law, required remittal for a new trial due to judicial error, the respondent acted reasonably in retaining legal representation, the reasoning has wider relevance, and there is no disentitling conduct.

Parties
First Appellant: Atanaskovic Hartnell Corporate Services Pty Limited; Second Appellant: John Atanaskovic; Respondent: Elizabeth Kelly
Jurisdiction
Australia
Judgment Date
14 November 2024
Procedural Posture
Federal Appeal / Application for Costs Certificates Following Successful Appeal and Remittal for Re Trial
Outcome
Application for costs certificates granted
Legal Topics
Costs Certificates, Judicial Error, Fair Work Jurisdiction, Federal Appeal, New Trial
Employment and Industrial Relations Costs Certificates Judicial Error Fair Work Jurisdiction Federal Appeal New Trial

Case Brief

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Parties

Atanaskovic Hartnell Corporate Services Pty Limited

First Appellant

John Atanaskovic

Second Appellant

Elizabeth Kelly

Respondent

Procedural Posture

Federal Appeal / Application for Costs Certificates Following Successful Appeal and Remittal for Re Trial

Legal Issues

  1. 1 Whether costs certificates should be granted under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth)
  2. 2 Assessment of discretion under ss 6 and 8 based on statutory preconditions and relevant considerations

Ratio Decidendi

The respondent is entitled to costs certificates under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) because the appeal succeeded on a question of law, required remittal for a new trial due to judicial error, the respondent acted reasonably in retaining legal representation, the reasoning has wider relevance, and there is no disentitling conduct.

Court Disposition

Application for costs certificates granted

Orders

  • The respondent be granted a certificate for costs incurred in relation to the appeal under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).
  • The respondent be granted a certificate for costs to be incurred in relation to the new trial under s 8 of the Federal Proceedings (Costs) Act 1981 (Cth).