Stratton Finance Pty Limited v Webb (No 2) [2014] FCAFC 161

Stratton Finance Pty Limited v Webb (No 2) [2014] FCAFC 161

Because the parties agreed on the basic form of payment orders and payment within 14 days was just given the passage of time, and because the appeal involved mixed success with the appellant substantially unsuccessful on the contractual clawback issue while obtaining some success on penalties, the Court ordered the cross-appeal allowed, the appeal on penalties and costs allowed in part, substituted monetary, penalty, interest and costs orders, required the appellant to pay the respondent's costs of the cross-appeal, and required the appellant to pay one half of the respondent's costs of the appeal.

Jurisdiction
Australia
Judgment Date
01 December 2014
Procedural Posture
Appeal From the Federal Circuit Court of Australia / Orders and Costs Following Reasons for Judgment Published on 2 September 2014
Outcome
Cross-appeal allowed; appeal in respect of penalties and costs allowed in part; Federal Circuit Court orders set aside in part and substituted orders made.
Legal Topics
['fair Work Act Contraventions' 'workplace Relations Act Contraventions' 'unpaid Commission' 'superannuation' 'penalties' 'indemnity Costs' 'party/party Costs' 'cross Appeal Costs']
['employment Law' 'costs' 'appellate Procedure'] ['fair Work Act Contraventions' 'workplace Relations Act Contraventions' 'unpaid Commission' 'superannuation' 'penalties' 'indemnity Costs' 'party/party Costs' 'cross Appeal Costs']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court of Australia / Orders and Costs Following Reasons for Judgment Published on 2 September 2014

Legal Issues

  1. 1 ['Whether the monetary relief should be framed as an order for payment of a sum of money rather than judgment and whether payment should be required within 14 days.' 'What costs order should be made for the proceedings before the Federal Circuit Court.' 'What costs orders should be made for the appeal and cross-appeal.']

Ratio Decidendi

Because the parties agreed on the basic form of payment orders and payment within 14 days was just given the passage of time, and because the appeal involved mixed success with the appellant substantially unsuccessful on the contractual clawback issue while obtaining some success on penalties, the Court ordered the cross-appeal allowed, the appeal on penalties and costs allowed in part, substituted monetary, penalty, interest and costs orders, required the appellant to pay the respondent's costs of the cross-appeal, and required the appellant to pay one half of the respondent's costs of the appeal.

Court Disposition

Cross-appeal allowed; appeal in respect of penalties and costs allowed in part; Federal Circuit Court orders set aside in part and substituted orders made.

Orders

  • ['The cross-appeal be allowed.' 'The appeal in respect of penalties and costs be allowed in part.' 'Order 1 made by the Federal Circuit Court on 2 April 2014 and orders 1 and 3 made by the Federal Circuit Court on 9 May 2014 be set aside, and substituted monetary, penalty, interest and costs orders be made in...