Rossetti v Aus Gold Mining Group Pty Limited [2018] FCA 1649

Rossetti v Aus Gold Mining Group Pty Limited [2018] FCA 1649

The respondents' failure to ensure the court-ordered attendance of an appropriate representative at mediation amounted to an unreasonable act, thereby causing the applicant to incur costs; therefore, the respondents are liable for the applicant's costs occasioned by the failed mediation and the interlocutory application.

Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Costs Hearing / Post Mediation Interlocutory Application
Outcome
Costs ordered against the respondents
Legal Topics
['costs for Failure to Attend Mediation' 'application of S 570 Fair Work Act' 'court Ordered Mediation Attendance']
['employment Law' 'civil Procedure'] ['costs for Failure to Attend Mediation' 'application of S 570 Fair Work Act' 'court Ordered Mediation Attendance']

Case Brief

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Procedural Posture

Costs Hearing / Post Mediation Interlocutory Application

Legal Issues

  1. 1 ["Whether respondents' failure to attend court-ordered mediation warrants a costs order under s 570 of the Fair Work Act" "Whether the applicant is entitled to costs thrown away by the respondents' conduct" 'Assessment and quantum of costs in failed mediation context']

Ratio Decidendi

The respondents' failure to ensure the court-ordered attendance of an appropriate representative at mediation amounted to an unreasonable act, thereby causing the applicant to incur costs; therefore, the respondents are liable for the applicant's costs occasioned by the failed mediation and the interlocutory application.

Court Disposition

Costs ordered against the respondents

Orders

  • ["The respondents pay the applicant's costs of attending the mediation, thrown away by reason of the respondents' failure to attend the mediation, assessed in the amount of $6000." "The respondents pay the applicant's costs of the interlocutory application." 'Costs be paid within 14 days.']