Cook v Australian Postal Corporation (No 2) [2018] FCA 390

Cook v Australian Postal Corporation (No 2) [2018] FCA 390

The Applicant's failure to accept the 23 March 2017 offer of compromise, viewed together with the difficulties facing his application, his failure by February/March 2017 to identify the errors to be raised, his continued failure after directions hearings to identify those errors, later amendments to s 78B notices, vacation of the hearing date, and failures to progress the case in an orderly fashion, amounted to an unreasonable act or omission causing the First Respondent to incur costs. Costs were therefore ordered from 23 March 2017, but the First Respondent had not identified a reason for indemnity costs.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Industrial Law Costs Proceeding / Costs Reserved After Dismissal of the Proceeding; Orders Made on Costs
Outcome
Applicant ordered to pay the First Respondent's costs from 23 March 2017, stayed pending resolution by the Full Court of the Notice of Appeal filed on 2 March 2018; indemnity costs not ordered.
Legal Topics
['costs Under S 570 of the Fair Work Act 2009 (cth)' 'offer to Compromise' 'unreasonable Act or Omission' 'indemnity Costs' 'notice Under S 78 B of the Judiciary Act 1903 (cth)']
['industrial Law' 'costs' 'employment & Industrial Relations'] ['costs Under S 570 of the Fair Work Act 2009 (cth)' 'offer to Compromise' 'unreasonable Act or Omission' 'indemnity Costs' 'notice Under S 78 B of the Judiciary Act 1903 (cth)']

Case Brief

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Procedural Posture

Industrial Law Costs Proceeding / Costs Reserved After Dismissal of the Proceeding; Orders Made on Costs

Legal Issues

  1. 1 ["Whether the First Respondent incurred costs by reason of the Applicant's unreasonable act or omission under s 570(2)(b) of the Fair Work Act 2009 (Cth)." "Whether the Applicant's decision not to accept the offer of compromise made on 23 March 2017 warranted a costs order." 'Whether the costs order should be confined to a limited period after 23 March 2017.' 'Whether costs should be ordered on an indemnity basis.']

Ratio Decidendi

The Applicant's failure to accept the 23 March 2017 offer of compromise, viewed together with the difficulties facing his application, his failure by February/March 2017 to identify the errors to be raised, his continued failure after directions hearings to identify those errors, later amendments to s 78B notices, vacation of the hearing date, and failures to progress the case in an orderly fashion, amounted to an unreasonable act or omission causing the First Respondent to incur costs. Costs were therefore ordered from 23 March 2017, but the First Respondent had not identified a reason for indemnity costs.

Court Disposition

Applicant ordered to pay the First Respondent's costs from 23 March 2017, stayed pending resolution by the Full Court of the Notice of Appeal filed on 2 March 2018; indemnity costs not ordered.

Orders

  • ['Subject to Order 2, the Applicant should pay the costs of the First Respondent as from 23 March 2017.' 'Order 1 is stayed pending the resolution by the Full Court of the Notice of Appeal as filed on 2 March 2018.']