Bywater v Appco Group Australia Pty Ltd [2019] FCA 799

Bywater v Appco Group Australia Pty Ltd [2019] FCA 799

The unreasonable act of the applicant in pressing for a defence to a pleading which had been previously criticised and subsequently superseded caused the respondent to incur unnecessary costs. Given the litigation was funded, and statutory preconditions under s 570(2) of the Fair Work Act were met, it was appropriate to order the applicant to pay the respondent's costs of preparation and filing of the defence to the amended statement of claim.

Parties
Applicant: Jacob Cornelius Bywater; Respondent: Appco Group Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Part IVA Representative Proceeding / Interlocutory Application Concerning Costs
Outcome
Applicant ordered to pay respondent's costs of preparation and filing of defence to amended statement of claim; broader costs application dismissed.
Legal Topics
Costs in Fair Work Act Proceedings, Representative Proceedings, Litigation Funding, Unreasonable Conduct and Costs Orders
Employment & Industrial Relations Costs in Fair Work Act Proceedings Representative Proceedings Litigation Funding Unreasonable Conduct and Costs Orders

Case Brief

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Parties

Jacob Cornelius Bywater

Applicant

Appco Group Australia Pty Ltd

Respondent

Procedural Posture

Part IVA Representative Proceeding / Interlocutory Application Concerning Costs

Legal Issues

  1. 1 Whether the applicant should pay the respondent's costs thrown away due to the filing of further amended originating application and statement of claim
  2. 2 Construction and application of s 570 of the Fair Work Act 2009 (Cth) in a funded representative proceeding
  3. 3 Award of costs in a 'no costs' Fair Work jurisdiction

Ratio Decidendi

The unreasonable act of the applicant in pressing for a defence to a pleading which had been previously criticised and subsequently superseded caused the respondent to incur unnecessary costs. Given the litigation was funded, and statutory preconditions under s 570(2) of the Fair Work Act were met, it was appropriate to order the applicant to pay the respondent's costs of preparation and filing of the defence to the amended statement of claim.

Court Disposition

Applicant ordered to pay respondent's costs of preparation and filing of defence to amended statement of claim; broader costs application dismissed.

Orders

  • Applicant to pay respondent's costs of preparation and filing of defence to amended statement of claim.
  • Other costs sought in interlocutory application refused.