Pigozzo v Mineral Resources Ltd (No 2) [2023] FCA 478

Pigozzo v Mineral Resources Ltd (No 2) [2023] FCA 478

The applicant commenced and pursued the application for leave to appeal in an unreasonable manner, particularly by putting forward 39 undifferentiated grounds ultimately rejected and thereby enlivening the costs discretion under s 570 of the Fair Work Act 2009. The court exercised its discretion to order the applicant to pay 50% of the first and second respondents' costs (excluding those for the extension of time application), as the application was unnecessarily broad and prolonged proceedings.

Parties
Applicant: Steven Pigozzo; First Respondent: Mineral Resources Ltd (ACN 118 549 910); Second Respondent: Chris Ellison; Third Respondent: Bennett + Co; Fourth Respondent: Robert 'Bob' Gavranich
Jurisdiction
Australia
Judgment Date
16 May 2023
Procedural Posture
Application for Leave to Appeal (costs) / Post Judgment (costs Orders After Refusal of Leave to Appeal)
Outcome
Applicant to pay 50% of first and second respondents' costs of the leave to appeal application, excluding extension of time costs; costs to be assessed if not agreed.
Legal Topics
Unfair Dismissal, Costs Orders, Pleading Practice, Appeal Procedure
Employment Law Industrial Relations Unfair Dismissal Costs Orders Pleading Practice Appeal Procedure

Case Brief

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Parties

Steven Pigozzo

Applicant

Mineral Resources Ltd (ACN 118 549 910)

First Respondent

Chris Ellison

Second Respondent

Bennett + Co

Third Respondent

Robert 'Bob' Gavranich

Fourth Respondent

Procedural Posture

Application for Leave to Appeal (costs) / Post Judgment (costs Orders After Refusal of Leave to Appeal)

Legal Issues

  1. 1 Whether costs should be awarded in Fair Work matters under s 570 of the Fair Work Act 2009 (Cth)
  2. 2 Whether application for leave to appeal was instituted or conducted unreasonably

Ratio Decidendi

The applicant commenced and pursued the application for leave to appeal in an unreasonable manner, particularly by putting forward 39 undifferentiated grounds ultimately rejected and thereby enlivening the costs discretion under s 570 of the Fair Work Act 2009. The court exercised its discretion to order the applicant to pay 50% of the first and second respondents' costs (excluding those for the extension of time application), as the application was unnecessarily broad and prolonged proceedings.

Court Disposition

Applicant to pay 50% of first and second respondents' costs of the leave to appeal application, excluding extension of time costs; costs to be assessed if not agreed.

Orders

  • The applicant pay 50% of the costs of the first and second respondents of the application for leave to appeal (including the application for costs), but excluding the costs of the application for an extension of time made on 31 January 2023.
  • The costs payable under these orders be assessed by a Registrar if not agreed.