Toma v Workforce Recruitment and Labour Services Pty Ltd (No 2) [2020] FCA 1278

Toma v Workforce Recruitment and Labour Services Pty Ltd (No 2) [2020] FCA 1278

Although Mr Toma's proceeding was unsuccessful and may have been doomed to fail because he did not demonstrate materiality of deficiencies in the Fair Work Commission process, his complaints were not entirely baseless, he was self-represented, English was not his first language, and the alleged refusals to admit facts or accept the walk away offer did not establish a clear or compelling case for costs under s 570(2) of the Fair Work Act 2009 (Cth). Accordingly, no costs order should be made.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Costs Following Dismissal of an Application for Relief Pursuant to S 39 B of the Judiciary Act 1903 (cth) / Determination of the First Respondent's Application for Costs After Dismissal of the Substantive Proceeding
Outcome
No order as to costs.
Legal Topics
['fair Work Act Costs Discretion' 'proceedings Instituted Vexatiously or Without Reasonable Cause' 'unreasonable Act or Omission Causing Costs' 'judicial Review of Fair Work Commission Decisions' 'procedural Fairness']
['employment and Industrial Relations' 'costs' 'administrative Law'] ['fair Work Act Costs Discretion' 'proceedings Instituted Vexatiously or Without Reasonable Cause' 'unreasonable Act or Omission Causing Costs' 'judicial Review of Fair Work Commission Decisions' 'procedural Fairness']

Case Brief

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Procedural Posture

Costs Following Dismissal of an Application for Relief Pursuant to S 39 B of the Judiciary Act 1903 (cth) / Determination of the First Respondent's Application for Costs After Dismissal of the Substantive Proceeding

Legal Issues

  1. 1 ["Whether the Court should exercise its discretion under s 570(2) of the Fair Work Act 2009 (Cth) to order Mr Toma to pay the first respondent's costs." 'Whether Mr Toma instituted the proceeding vexatiously or without reasonable cause within s 570(2)(a) of the Fair Work Act 2009 (Cth).' 'Whether any unreasonable act or omission by Mr Toma caused the first respondent to incur costs within s 570(2)(b) of the Fair Work Act 2009 (Cth).']

Ratio Decidendi

Although Mr Toma's proceeding was unsuccessful and may have been doomed to fail because he did not demonstrate materiality of deficiencies in the Fair Work Commission process, his complaints were not entirely baseless, he was self-represented, English was not his first language, and the alleged refusals to admit facts or accept the walk away offer did not establish a clear or compelling case for costs under s 570(2) of the Fair Work Act 2009 (Cth). Accordingly, no costs order should be made.

Court Disposition

No order as to costs.

Orders

  • ['There be no order as to costs.']