Rangi v Kmart Australia Ltd (No 2) [2019] FCA 2083

Rangi v Kmart Australia Ltd (No 2) [2019] FCA 2083

Mr Rangi instituted the leave proceedings without reasonable cause because the appeal against the Federal Circuit Court costs decision lacked sufficient prospects of success and the asserted legal issues lacked any sufficient factual basis. Although Kmart's claimed costs of $91,676.50 were not shown to be inaccurate, the amount was excessive having regard to the limited nature of the leave applications, the short written submissions and hearing, the lack of difficulty of the issues, Mr Rangi's self-representation, and the Federal Circuit Court costs figure. The Court therefore exercised its discretion to fix costs in the specified sum of $15,000.

Jurisdiction
Australia
Judgment Date
11 December 2019
Procedural Posture
Costs Following Applications for Leave to Appeal in a Matter Arising Under the Fair Work Act 2009 (cth) / Determined on the Papers After Applications for Leave to Appeal Were Dismissed
Outcome
The respondent was awarded costs fixed in the sum of $15,000.
Legal Topics
['fair Work Act Costs' 'proceedings Instituted Without Reasonable Cause' 'leave to Appeal' 'specified Sum Costs Order']
['employment and Industrial Relations' 'costs'] ['fair Work Act Costs' 'proceedings Instituted Without Reasonable Cause' 'leave to Appeal' 'specified Sum Costs Order']

Case Brief

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Procedural Posture

Costs Following Applications for Leave to Appeal in a Matter Arising Under the Fair Work Act 2009 (cth) / Determined on the Papers After Applications for Leave to Appeal Were Dismissed

Legal Issues

  1. 1 ['Whether the applicant instituted the applications for leave to appeal without reasonable cause for the purposes of s 570(2)(a) of the Fair Work Act 2009 (Cth)' 'Whether the Court should exercise its discretion to order costs against the applicant' 'What amount of costs should be fixed as a specified sum']

Ratio Decidendi

Mr Rangi instituted the leave proceedings without reasonable cause because the appeal against the Federal Circuit Court costs decision lacked sufficient prospects of success and the asserted legal issues lacked any sufficient factual basis. Although Kmart's claimed costs of $91,676.50 were not shown to be inaccurate, the amount was excessive having regard to the limited nature of the leave applications, the short written submissions and hearing, the lack of difficulty of the issues, Mr Rangi's self-representation, and the Federal Circuit Court costs figure. The Court therefore exercised its discretion to fix costs in the specified sum of $15,000.

Court Disposition

The respondent was awarded costs fixed in the sum of $15,000.

Orders

  • ["The applicant pay the respondent's costs of proceedings VID949/2018 and VID1618/2018, fixed in the sum of $15,000."]