Perez v Northern Territory Department of Correctional Services (No 2) [2016] FCA 1354

Perez v Northern Territory Department of Correctional Services (No 2) [2016] FCA 1354

The application for costs was dismissed because section 570 of the Fair Work Act 2009 (Cth) applied and the appellant failed to demonstrate that the respondents had engaged in any unreasonable act or omission that caused him to incur costs. Further, courts discourage belated costs applications, and the appellant was only partly successful on appeal, having failed on most grounds.

Jurisdiction
Australia
Judgment Date
24 October 2016
Procedural Posture
Appeal / Post Judgment Costs Application
Outcome
Application for costs dismissed.
Legal Topics
['practice and Procedure' 'costs' 'fair Work Act Adverse Action']
['employment & Industrial Relations'] ['practice and Procedure' 'costs' 'fair Work Act Adverse Action']

Case Brief

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Procedural Posture

Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether the appellant is entitled to a costs order following partial success on appeal under the Fair Work Act 2009 (Cth).' 'Whether section 570 of the Fair Work Act 2009 (Cth) prohibits a costs order in the circumstances.']

Ratio Decidendi

The application for costs was dismissed because section 570 of the Fair Work Act 2009 (Cth) applied and the appellant failed to demonstrate that the respondents had engaged in any unreasonable act or omission that caused him to incur costs. Further, courts discourage belated costs applications, and the appellant was only partly successful on appeal, having failed on most grounds.

Court Disposition

Application for costs dismissed.

Orders

  • ['The application for costs filed by the Appellant on 11 August 2016 is dismissed.']