SBP Employment Solutions Pty Ltd v Smith (No 2) [2021] FCA 937

SBP Employment Solutions Pty Ltd v Smith (No 2) [2021] FCA 937

The respondent's rejection of the offer, while ultimately imprudent, was not objectively unreasonable in all the circumstances, given the complexity, multi-party nature, different potential liabilities of the appellants, and uncertainties as to the outcome; accordingly, no order as to costs is appropriate.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Appeal / Costs Determination Following Appeal
Outcome
No order as to costs of appeal
Legal Topics
['costs' 'settlements' 'compensation' 'contravention of Fair Work Act']
['employment and Industrial Relations'] ['costs' 'settlements' 'compensation' 'contravention of Fair Work Act']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 ["Whether respondent's rejection of Calderbank offer was unreasonable under s 570(2)(b) of the Fair Work Act 2009 (Cth)" 'Whether there should be an order for costs against the respondent']

Ratio Decidendi

The respondent's rejection of the offer, while ultimately imprudent, was not objectively unreasonable in all the circumstances, given the complexity, multi-party nature, different potential liabilities of the appellants, and uncertainties as to the outcome; accordingly, no order as to costs is appropriate.

Court Disposition

No order as to costs of appeal

Orders

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