Zirk-Sadowski v University of New South Wales (No 4) [2024] FCA 813

Zirk-Sadowski v University of New South Wales (No 4) [2024] FCA 813

The applicant was ordered to pay the first respondent's costs on a party and party basis under s 570(2) of the Fair Work Act 2009 (Cth) because the proceeding was instituted without reasonable cause, the applicant's unreasonable actions and omissions caused the respondent to incur costs, and the defects in the application were repeatedly brought to the applicant's attention and not rectified. However, indemnity costs were not awarded as exceptional circumstances were not established.

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Application for Costs / Post Judgment (after Dismissal of Amended Originating Application)
Outcome
The applicant is ordered to pay the first respondent's costs on a party and party basis, to be taxed if not agreed.
Legal Topics
['costs' 'fair Work Act 2009 (cth)' 'jurisdictional Error' 'self Represented Litigant' 'indemnity Costs' 'party and Party Costs']
['employment Law' 'administrative Law'] ['costs' 'fair Work Act 2009 (cth)' 'jurisdictional Error' 'self Represented Litigant' 'indemnity Costs' 'party and Party Costs']

Case Brief

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Procedural Posture

Application for Costs / Post Judgment (after Dismissal of Amended Originating Application)

Legal Issues

  1. 1 ['Whether an order for costs should be made against the applicant under s 570(2) of the Fair Work Act 2009 (Cth)' 'Whether the proceeding was instituted without reasonable cause' "Whether the applicant's unreasonable act or omission caused the respondent to incur costs" 'Whether costs should be awarded on an indemnity or party and party basis']

Ratio Decidendi

The applicant was ordered to pay the first respondent's costs on a party and party basis under s 570(2) of the Fair Work Act 2009 (Cth) because the proceeding was instituted without reasonable cause, the applicant's unreasonable actions and omissions caused the respondent to incur costs, and the defects in the application were repeatedly brought to the applicant's attention and not rectified. However, indemnity costs were not awarded as exceptional circumstances were not established.

Court Disposition

The applicant is ordered to pay the first respondent's costs on a party and party basis, to be taxed if not agreed.

Orders

  • ["The Applicant pay the First Respondent's costs on a party and party basis, to be taxed if not agreed."]