Payne v Secure Melbourne Protective Services Pty Ltd (No 2) [2023] FCA 1579

Payne v Secure Melbourne Protective Services Pty Ltd (No 2) [2023] FCA 1579

Although the respondent's unexplained withdrawal from the matter was unreasonable, the applicant did not establish that any costs incurred after 10 March 2022 were incurred because of that conduct. The contention that continued engagement by the respondent would have led to settlement was speculative and unsupported by evidence, so the requirements of s 570(2)(b) were not met.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Costs Application in a Fair Work Act Proceeding / After Substantive Judgment Granting Relief; Determined on the Papers
Outcome
The applicant's request for an award of costs was declined.
Legal Topics
['fair Work Act Costs Prohibition' 'unreasonable Conduct' 'causation of Costs' 'withdrawal From Defence After Unsuccessful Mediation']
['employment and Industrial Relations' 'costs'] ['fair Work Act Costs Prohibition' 'unreasonable Conduct' 'causation of Costs' 'withdrawal From Defence After Unsuccessful Mediation']

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Procedural Posture

Costs Application in a Fair Work Act Proceeding / After Substantive Judgment Granting Relief; Determined on the Papers

Legal Issues

  1. 1 ["Whether the respondent's unexplained withdrawal from participation in the proceeding after an unsuccessful mediation was an unreasonable act or omission for the purposes of s 570(2)(b) of the Fair Work Act 2009 (Cth)." "Whether the applicant incurred costs because of the respondent's unreasonable conduct."]

Ratio Decidendi

Although the respondent's unexplained withdrawal from the matter was unreasonable, the applicant did not establish that any costs incurred after 10 March 2022 were incurred because of that conduct. The contention that continued engagement by the respondent would have led to settlement was speculative and unsupported by evidence, so the requirements of s 570(2)(b) were not met.

Court Disposition

The applicant's request for an award of costs was declined.

Orders

  • ['There be no order as to costs.']