Yu v ACT Education Directorate (No 2) [2019] FCA 1766

Yu v ACT Education Directorate (No 2) [2019] FCA 1766

Although the applicant was unsuccessful, the Court was not satisfied that her application for an extension of time and leave to appeal had no real or substantial prospect of success, either generally or on the facts apparent to her when she instituted it. Her failure was largely due to lack of evidence rather than an incurable defect apparent upon institution, so the threshold for a costs order under s 570 was not met.

Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Application for Costs in Fair Work Proceedings / After Dismissal of an Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia
Outcome
The respondent's application for costs was refused.
Legal Topics
['costs Under S 570 of the Fair Work Act 2009 (cth)' 'application for Extension of Time and Leave to Appeal' 'proceedings Instituted Without Reasonable Cause']
['employment and Industrial Relations' 'costs'] ['costs Under S 570 of the Fair Work Act 2009 (cth)' 'application for Extension of Time and Leave to Appeal' 'proceedings Instituted Without Reasonable Cause']

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Procedural Posture

Application for Costs in Fair Work Proceedings / After Dismissal of an Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ["Whether the respondent should be awarded costs of the applicant's unsuccessful application for an extension of time and leave to appeal." 'Whether the applicant instituted the proceedings without reasonable cause within the meaning of s 570 of the Fair Work Act 2009 (Cth).']

Ratio Decidendi

Although the applicant was unsuccessful, the Court was not satisfied that her application for an extension of time and leave to appeal had no real or substantial prospect of success, either generally or on the facts apparent to her when she instituted it. Her failure was largely due to lack of evidence rather than an incurable defect apparent upon institution, so the threshold for a costs order under s 570 was not met.

Court Disposition

The respondent's application for costs was refused.

Orders

  • ["The respondent's application for an order that the applicant pay the costs of the application for an extension of time and leave to appeal be refused."]