Zhao v TTS & Associates Pty Ltd (No 2) [2020] FCA 1063
The respondent did not demonstrate that any of the exceptions to the general prohibition on awarding costs in s 570 of the Fair Work Act 2009 were enlivened: the applicant's conduct was not unreasonable or without reasonable cause, nor were the proceedings instituted vexatiously. Consequently, no order for costs was made.
- Jurisdiction
- Australia
- Judgment Date
- 27 July 2020
- Procedural Posture
- Application for Leave to Appeal / Costs Order Following Dismissal of Leave to Appeal
- Outcome
- Respondent's application for costs dismissed; no order as to costs.
- Legal Topics
- ['costs in Fair Work Proceedings' 'application of Fair Work Act 2009 S 570' 'vexatious Proceedings' 'unreasonable Act or Omission in Litigation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Leave to Appeal / Costs Order Following Dismissal of Leave to Appeal
Legal Issues
- 1 ['Whether an order for costs should be made under s 570 of the Fair Work Act 2009' "Whether the applicant's conduct was unreasonable or without reasonable cause" 'Whether the proceedings were instituted vexatiously']
Ratio Decidendi
The respondent did not demonstrate that any of the exceptions to the general prohibition on awarding costs in s 570 of the Fair Work Act 2009 were enlivened: the applicant's conduct was not unreasonable or without reasonable cause, nor were the proceedings instituted vexatiously. Consequently, no order for costs was made.
Court Disposition
Respondent's application for costs dismissed; no order as to costs.
Orders
- ["The respondent's application for costs is dismissed."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment