Reihana v Mastercare Highrise Cleaning Services Pty Ltd (No 2) [2014] FCA 367

The court was not satisfied that Reihana's refusal to settle was unreasonable because he had some prospects of success in the substantive application, and thus the respondent's application for costs was dismissed.

Jurisdiction: Australia
Judgment Date: 08 April 2014
Procedural Posture: Costs Application / Post Judgment Interlocutory
Outcome: Application for costs dismissed
Legal Topics: ['costs' 'fair Work Act 2009 (cth) S 570' 'unreasonable Act or Omission' 'settlement Offer']

['employment Law'] ['costs' 'fair Work Act 2009 (cth) S 570' 'unreasonable Act or Omission' 'settlement Offer']

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Procedural Posture

Costs Application / Post Judgment Interlocutory

Legal Issues

1 ["Whether the applicant's refusal to accept a settlement offer constituted an unreasonable act under s 570(2)(b) of the Fair Work Act 2009 (Cth) justifying an order for costs against the applicant."]

Ratio Decidendi

Court Disposition

Application for costs dismissed

Orders

['The oral application made by the first respondent on 8 April 2014 for costs be dismissed.']