Liu v Stephen Grubits and Associates (No 2) [2019] FCAFC 42

Liu v Stephen Grubits and Associates (No 2) [2019] FCAFC 42

The conditions in s 570(2) of the Fair Work Act 2009 (Cth) were not met; the appeal was properly advanced on arguable grounds and not instituted vexatiously or without reasonable cause. Therefore, no order for costs could be made against the appellant.

Parties
Appellant: Yunlong Liu; Respondent: Stephen Grubits & Associates
Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Appeal / Costs Determination After Appeal Dismissal
Outcome
No order as to costs.
Legal Topics
Costs in Fair Work Act Proceedings, Statutory Interpretation of S 570 Fair Work Act
Employment & Industrial Relations Costs in Fair Work Act Proceedings Statutory Interpretation of S 570 Fair Work Act

Case Brief

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Parties

Yunlong Liu

Appellant

Stephen Grubits & Associates

Respondent

Procedural Posture

Appeal / Costs Determination After Appeal Dismissal

Legal Issues

  1. 1 Whether conditions under s 570(2) of the Fair Work Act 2009 (Cth) are met to justify a costs order against the appellant
  2. 2 Whether the appellant instituted the appeal vexatiously or without reasonable cause or engaged in unreasonable conduct

Ratio Decidendi

The conditions in s 570(2) of the Fair Work Act 2009 (Cth) were not met; the appeal was properly advanced on arguable grounds and not instituted vexatiously or without reasonable cause. Therefore, no order for costs could be made against the appellant.

Court Disposition

No order as to costs.

Orders

  • There be no order as to costs.