Guo v Metwest Steel Pty Ltd [2019] FCA 68

Guo v Metwest Steel Pty Ltd [2019] FCA 68

The applicant's conduct in amending the pleadings, while imperfect, was not unreasonable so as to warrant a departure from the conventional costs position under s 570 of the Fair Work Act 2009 (Cth), hence the interlocutory application for costs was dismissed.

Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Interlocutory Application for Costs / Determination of Interlocutory Application
Outcome
Interlocutory application for costs dismissed
Legal Topics
['costs' 'amendment of Pleadings' 'unreasonable Conduct Under Fair Work Act 2009 (cth) S 570']
['employment & Industrial Relations'] ['costs' 'amendment of Pleadings' 'unreasonable Conduct Under Fair Work Act 2009 (cth) S 570']

Case Brief

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Procedural Posture

Interlocutory Application for Costs / Determination of Interlocutory Application

Legal Issues

  1. 1 ["Whether the applicant's conduct in amending pleadings was unreasonable so as to warrant a costs order under s 570 of the Fair Work Act 2009 (Cth)"]

Ratio Decidendi

The applicant's conduct in amending the pleadings, while imperfect, was not unreasonable so as to warrant a departure from the conventional costs position under s 570 of the Fair Work Act 2009 (Cth), hence the interlocutory application for costs was dismissed.

Court Disposition

Interlocutory application for costs dismissed

Orders

  • ['The interlocutory application for costs is dismissed.' 'The respondents are to file a defence within 28 days, unless they file an application to strike out the current version of the statement of claim within 14 days.']