Sunbuild Pty Ltd v Ramsay (No 2) [2014] FCA 712

Sunbuild Pty Ltd v Ramsay (No 2) [2014] FCA 712

The Court was not satisfied that s 570(2) of the Fair Work Act 2009 (Cth) was enlivened. Although leave to appeal had been refused, it was refused because there would be no substantial injustice if the questions were incorrectly answered, not because the legal arguments lacked merit. The proposed appeal concerned substantial legal issues relevant to the proceeding and there were respectable arguments that an appeal might provide a faster route to resolution. Outstanding factual disputes did not make the application one brought without reasonable cause.

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Application for Costs of an Application for Leave to Appeal in a Matter Arising Under the Fair Work Act 2009 (cth) / Heard on the Papers After Leave to Appeal Was Refused and Costs Were Reserved
Outcome
The respondent's application for costs was refused; there was no order as to costs on the application for leave to appeal.
Legal Topics
['fair Work Act Costs Limitation' 'application for Leave to Appeal' 'proceedings Instituted Without Reasonable Cause' 'substantial Injustice' 'discretion to Award Costs']
['employment and Industrial Law' 'costs' 'appellate Procedure'] ['fair Work Act Costs Limitation' 'application for Leave to Appeal' 'proceedings Instituted Without Reasonable Cause' 'substantial Injustice' 'discretion to Award Costs']

Case Brief

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Procedural Posture

Application for Costs of an Application for Leave to Appeal in a Matter Arising Under the Fair Work Act 2009 (cth) / Heard on the Papers After Leave to Appeal Was Refused and Costs Were Reserved

Legal Issues

  1. 1 ['Whether s 570 of the Fair Work Act 2009 (Cth) applied to the costs of the application for leave to appeal.' 'Whether the applicant pursued the application for leave to appeal without reasonable cause within s 570(2)(a) of the Fair Work Act 2009 (Cth).' 'Whether the respondent should be awarded costs of the refused application for leave to appeal.']

Ratio Decidendi

The Court was not satisfied that s 570(2) of the Fair Work Act 2009 (Cth) was enlivened. Although leave to appeal had been refused, it was refused because there would be no substantial injustice if the questions were incorrectly answered, not because the legal arguments lacked merit. The proposed appeal concerned substantial legal issues relevant to the proceeding and there were respectable arguments that an appeal might provide a faster route to resolution. Outstanding factual disputes did not make the application one brought without reasonable cause.

Court Disposition

The respondent's application for costs was refused; there was no order as to costs on the application for leave to appeal.

Orders

  • ['On the application for leave to appeal by the applicants there be no order as to costs.']