Recent Cases

Dahdah v Platinum Distributors Australia Pty Ltd (Costs) [2023] FCAFC 102 (30 June 2023) (Rangiah, Goodman and McElwaine JJ)


Catchwords:


COSTS – application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) (FW Act) – no reasonable prospects of success on the appeal – appeal instituted without reasonable cause (s 570(2)(a) of the FW Act) – maintenance of the appeal was an unreasonable act of the appeal that caused the respondent to incur costs (s 570(2)(b) of the FW Act) – discretion in s 570(1) of the FW Act exercised so as to require the appellant to pay the second respondent’s costs of the appeal