Kennedy v Secretary, Department of Industry (No 4) [2017] FCAFC 7

Kennedy v Secretary, Department of Industry (No 4) [2017] FCAFC 7

The appeal was instituted without reasonable cause because, viewed objectively, numerous facts were apparent to Mr Kennedy indicating his appeal had no reasonable prospects of success. The protection afforded by s 570 of the Fair Work Act does not shield a party incapable of perceiving the hopelessness of their case.

Jurisdiction
Australia
Judgment Date
30 January 2017
Procedural Posture
Appeal / Application for Costs Order Following Dismissal of Appeal
Outcome
Appellant ordered to pay the respondent's costs of the appeal
Legal Topics
['costs' 'fair Work Act' 'unreasonable Institution of Proceedings' 'jurisdictional Error']
['employment Law' 'industrial Relations'] ['costs' 'fair Work Act' 'unreasonable Institution of Proceedings' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Application for Costs Order Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the appeal was instituted without reasonable cause under s 570(2)(a) of the Fair Work Act 2009 (Cth) so as to permit a costs order against the appellant']

Ratio Decidendi

The appeal was instituted without reasonable cause because, viewed objectively, numerous facts were apparent to Mr Kennedy indicating his appeal had no reasonable prospects of success. The protection afforded by s 570 of the Fair Work Act does not shield a party incapable of perceiving the hopelessness of their case.

Court Disposition

Appellant ordered to pay the respondent's costs of the appeal

Orders

  • ["The appellant pay the respondent's costs of the appeal, as agreed or taxed."]