PIA Mortgage Services Pty Ltd v King (No 2) [2020] FCAFC 53 (27 March 2020) (Rangiah, Charlesworth and Snaden JJ)


Catchwords:


COSTS – whether an order for costs ought to be made in a fair work proceeding – application of s 570 of the Fair Work Act 2009 (Cth) – whether a party’s unreasonable act or omission caused the other party to incur costs – whether withdrawing contentions at the time of the hearing amounts to an unreasonable act – whether it was unreasonable for the appellants to reject an offer of compromise more favourable than what was ultimately the adjudicated result – whether the failure to pay a penalty amount imposed by the court below was an unreasonable omission – application dismissed – no order for costs