Birner v Aircraft Turnaround Engineering Pty Ltd (No 2) [2019] FCA 1706

Birner v Aircraft Turnaround Engineering Pty Ltd (No 2) [2019] FCA 1706

Although the appellant failed in the appeal and his allegations of false and misleading evidence were unsubstantiated, he raised reasonable or sensible arguments concerning the primary judgment, particularly about alleged annual leave and in light of WorkPac Pty Ltd v Skene. The Court was not satisfied that the appeal was instituted without reasonable cause under s 570(2)(a), so no costs should be ordered.

Jurisdiction
Australia
Judgment Date
21 October 2019
Procedural Posture
Application for Costs in a Fair Work Appeal / Determined on the Papers After Dismissal of the Appeal
Outcome
No costs ordered in respect of the appeal.
Legal Topics
['fair Work Act Costs Jurisdiction' 'section 570 of the Fair Work Act 2009 (cth)' 'whether Appeal Instituted Without Reasonable Cause' 'casual Employment and Annual Leave Arguments on Appeal']
['employment and Industrial Relations' 'costs' 'appeals'] ['fair Work Act Costs Jurisdiction' 'section 570 of the Fair Work Act 2009 (cth)' 'whether Appeal Instituted Without Reasonable Cause' 'casual Employment and Annual Leave Arguments on Appeal']

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Procedural Posture

Application for Costs in a Fair Work Appeal / Determined on the Papers After Dismissal of the Appeal

Legal Issues

  1. 1 ['Whether the respondent should be awarded its costs of the appeal under s 570 of the Fair Work Act 2009 (Cth).' 'Whether the appeal was instituted without reasonable cause within the meaning of s 570(2)(a).']

Ratio Decidendi

Although the appellant failed in the appeal and his allegations of false and misleading evidence were unsubstantiated, he raised reasonable or sensible arguments concerning the primary judgment, particularly about alleged annual leave and in light of WorkPac Pty Ltd v Skene. The Court was not satisfied that the appeal was instituted without reasonable cause under s 570(2)(a), so no costs should be ordered.

Court Disposition

No costs ordered in respect of the appeal.

Orders

  • ['There be no costs ordered in the appeal in QUD 241 of 2017.']