United Voice v Brisbane Executive Security Teams Pty Ltd [2019] FCA 1431

United Voice v Brisbane Executive Security Teams Pty Ltd [2019] FCA 1431

Leave to appeal was refused because, although the applicant may have raised sufficient doubt as to the absence of reasons for indemnity costs and the inclusion of the first day of trial costs, it did not show substantial injustice: the unreasonable refusal of a settlement offer could justify indemnity costs, and any error about the first day's costs was not substantial given that further appeal costs would likely outweigh those costs.

Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Application for Leave to Appeal a Costs Decision of the Federal Circuit Court / Application Dismissed
Outcome
The applicant's application for leave to appeal was dismissed.
Legal Topics
['leave to Appeal' 'indemnity Costs' 'fair Work Act 2009 (cth) S 570' 'settlement Offers' 'substantial Injustice']
['employment and Industrial Relations' 'costs'] ['leave to Appeal' 'indemnity Costs' 'fair Work Act 2009 (cth) S 570' 'settlement Offers' 'substantial Injustice']

Case Brief

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Procedural Posture

Application for Leave to Appeal a Costs Decision of the Federal Circuit Court / Application Dismissed

Legal Issues

  1. 1 ["Whether the primary judge's costs decision was attended by sufficient doubt to warrant reconsideration by a Full Court." 'Whether substantial injustice would result if leave to appeal were refused, supposing the costs decision to be wrong.' "Whether alleged denial of natural justice, errors of principle, failure to give reasons for indemnity costs, or inconsistency about the first day's trial costs justified leave to appeal."]

Ratio Decidendi

Leave to appeal was refused because, although the applicant may have raised sufficient doubt as to the absence of reasons for indemnity costs and the inclusion of the first day of trial costs, it did not show substantial injustice: the unreasonable refusal of a settlement offer could justify indemnity costs, and any error about the first day's costs was not substantial given that further appeal costs would likely outweigh those costs.

Court Disposition

The applicant's application for leave to appeal was dismissed.

Orders

  • ["The applicant's application for leave to appeal filed 5 March 2019 is dismissed."]