Imogen Pty Ltd v Sangwin [1996] IRCA 640

Imogen Pty Ltd v Sangwin [1996] IRCA 640

The appeal was instituted without reasonable cause because it was essentially an appeal against findings of fact based on credibility considerations, which appellate courts are highly reluctant to overturn, and the appellant failed to challenge core aspects essential for success. Therefore, the barrier to a costs order imposed by s 347 of the Workplace Relations Act did not apply, and costs should be awarded to the respondent.

Parties
Appellant: Imogen Pty Ltd; Respondent: Anthony Sangwin
Jurisdiction
Australia
Judgment Date
20 December 1996
Procedural Posture
Appeal / Application for Costs After Discontinuance of Appeal Before Full Court
Outcome
Costs awarded to the respondent.
Legal Topics
Costs, Appellate Procedure, Unfair Dismissal, Discontinuance, Workplace Relations Act S 347
Industrial Law Costs Appellate Procedure Unfair Dismissal Discontinuance Workplace Relations Act S 347

Case Brief

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Parties

Imogen Pty Ltd

Appellant

Anthony Sangwin

Respondent

Procedural Posture

Appeal / Application for Costs After Discontinuance of Appeal Before Full Court

Legal Issues

  1. 1 Whether the appeal was instituted without reasonable cause within the meaning of s 347 of the Workplace Relations Act
  2. 2 Whether costs should be awarded to the respondent following the discontinuance of the appellant's appeal

Ratio Decidendi

The appeal was instituted without reasonable cause because it was essentially an appeal against findings of fact based on credibility considerations, which appellate courts are highly reluctant to overturn, and the appellant failed to challenge core aspects essential for success. Therefore, the barrier to a costs order imposed by s 347 of the Workplace Relations Act did not apply, and costs should be awarded to the respondent.

Court Disposition

Costs awarded to the respondent.

Orders

  • The appellant, Imogen Pty Ltd, pay to the respondent, Anthony Sangwin, the costs incurred by him in connection with its appeal to the Full Court against the decision of von Doussa J given on 8 March 1996.
  • In default of agreement, costs to be calculated by the Registrar according to the scale prescribed by the Rules of the Federal Court of Australia.