McLoughlin v Randstad Pty Ltd (No 2) [2021] FCAFC 177 (01 October 2021) (White, O’Callaghan and Colvin JJ)


Catchwords:


COSTS – determination of costs in appeal where appeal allowed and matter remitted for re-hearing – whether costs discretion enlivened for Court to make costs order against respondents under Fair Work Act 2009 (Cth) – whether defence of appeal by respondents unreasonable – whether costs certificate should be granted to appellant and second and third respondents pursuant to s 8 of Federal Proceedings (Costs) Act 1981 (Cth) – no costs order made against respondents – appellant granted costs certificate