Gao v Citywide Service Solutions Pty Ltd [2013] FCA 388

Gao v Citywide Service Solutions Pty Ltd [2013] FCA 388

The Court entered judgment for the Fair Work Ombudsman and awarded costs against the applicant because the only relief sought (an apology) could not have been granted, rendering the proceeding purposeless and vexatious.

Jurisdiction
Australia
Judgment Date
26 April 2013
Procedural Posture
Judicial Review Application / Orders Following Discontinuance; Reasons for Previous Orders Requested
Outcome
Proceedings against the Fair Work Ombudsman discontinued; judgment for the Fair Work Ombudsman; applicant to pay Fair Work Ombudsman's costs; extension of time for possible leave to appeal granted
Legal Topics
['discontinuance of Proceedings' 'vexatious Proceedings' 'judicial Review Grounds' 'remedies Under Fair Work Act']
['employment Law' 'administrative Law' 'practice and Procedure'] ['discontinuance of Proceedings' 'vexatious Proceedings' 'judicial Review Grounds' 'remedies Under Fair Work Act']

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Procedural Posture

Judicial Review Application / Orders Following Discontinuance; Reasons for Previous Orders Requested

Legal Issues

  1. 1 ['Whether the Court can grant relief (an apology) against the Fair Work Ombudsman as sought by the applicant' 'Whether the proceeding against the Fair Work Ombudsman was vexatiously brought' 'Whether discretion should be exercised to grant an extension of time for appeal']

Ratio Decidendi

The Court entered judgment for the Fair Work Ombudsman and awarded costs against the applicant because the only relief sought (an apology) could not have been granted, rendering the proceeding purposeless and vexatious.

Court Disposition

Proceedings against the Fair Work Ombudsman discontinued; judgment for the Fair Work Ombudsman; applicant to pay Fair Work Ombudsman's costs; extension of time for possible leave to appeal granted

Orders

  • ['The Commonwealth Ombudsman removed as respondent.' 'Judgment for the Fair Work Ombudsman.' "Applicant to pay the Fair Work Ombudsman's costs including reserved costs." 'Applicant granted extension of time until 17 May 2013 to apply for leave to appeal from orders 2 and 3.']