Ashby v Slipper (No 3) [2015] FCAFC 9

Ashby v Slipper (No 3) [2015] FCAFC 9

Ashby failed to establish an entitlement to costs from either Slipper or the Commonwealth under s 570(2) of the Fair Work Act or principles applicable to non-party costs orders. The Commonwealth's settlement agreement with Ashby precluded any costs claim. Slipper's application was not found to be vexatious or without reasonable cause, and no grounds existed to set aside previous costs orders.

Jurisdiction
Australia
Judgment Date
09 February 2015
Procedural Posture
Appeal / Post Judgment, Interlocutory Applications Regarding Costs
Outcome
Applications refused; applicant ordered to pay Commonwealth's costs of opposing amendment, limited to reasonable indemnity costs.
Legal Topics
['costs' 'non Party Costs Orders' 'settlement' 'fair Work Litigation']
['civil Procedure'] ['costs' 'non Party Costs Orders' 'settlement' 'fair Work Litigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment, Interlocutory Applications Regarding Costs

Legal Issues

  1. 1 ['Whether a non-party to litigation (the Commonwealth) can be liable for costs after settlement and discontinuance' 'Whether the requirements for costs orders under s 570(2) of the Fair Work Act 2009 (Cth) are satisfied against Slipper or the Commonwealth' "Whether Ashby's applications to vacate costs orders and amend applications should be allowed"]

Ratio Decidendi

Ashby failed to establish an entitlement to costs from either Slipper or the Commonwealth under s 570(2) of the Fair Work Act or principles applicable to non-party costs orders. The Commonwealth's settlement agreement with Ashby precluded any costs claim. Slipper's application was not found to be vexatious or without reasonable cause, and no grounds existed to set aside previous costs orders.

Court Disposition

Applications refused; applicant ordered to pay Commonwealth's costs of opposing amendment, limited to reasonable indemnity costs.

Orders

  • ['Application to amend the interlocutory application of 18 June 2014 refused.' 'Application to vacate orders as to costs made by the Full Court on 10 June 2014 refused.' 'Ashby to pay to the Commonwealth its costs of the application of 18 June 2014 on an indemnity basis limited to costs reasonably incurred in...