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C2014/ 767 , Transcript of Proceedings [2014] FWCTrans 591 (8 October 2014)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1050699-1

COMMISSIONER BLAIR

C2014/ 767 

s.604 - Appeal of decisions

Jain v Infosys Limited
(C2014/ 767 )





Melbourne

TUESDAY, 30 SEPTEMBER 2014

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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PN1

THE COMMISSIONER: Thank you. Given what has taken place this morning, there are two provisions of the Act. There is 611 which says:

PN2

(1) A person must bear the person’s own costs in relation to a matter before FWC.

PN3

(2) However, FWC may order a person (the first person) to bear some or all of the costs of another person in relation to an application to FWC if:

PN4

(a) FWC is satisfied that the first person made the application, or the first person responded to the application, vexatiously or without reasonable cause; or

PN5

(b) FWC is satisfied that it should have been reasonably apparent to the first person that the first person’s application, or the first person’s response to the application, had no reasonable prospect of success.

PN6

This relates to the application to appeal made by Mr Jain. The Commission is satisfied that 611(2)(a) and 611(2)(b) have been met, given that it should have been reasonably apparent to the applicant in the first instance, that is Mr Jain, that the application for appeal had no reasonable prospect of success, and in the Commission's view, given what has transpired this morning, appears to have been made vexatiously.

PN7

Secondly, in regards to 400A:

PN8

Costs orders against the parties.

PN9

(1) the FWC may make an order for costs against the party to a matter arising under this Part (the first party) for costs incurred by the other party to the matter if FWC is satisfied that the first party caused those costs to be incurred because of an unreasonable act or omission on the first party in connection with the conduct or continuation of the matter.

PN10

The Commission is satisfied that the applicant in the first part, that is Mr Jain, caused costs to be incurred by the respondent in the first part because of an unreasonable act or omission on his part to settle the matter on terms that were reasonably favourable, and had continued with those processes by lodging the appeal, again referring to section 611 that there were no reasonable prospects of success. Therefore under section 400A the act was unreasonable on the part of Mr Jain. Accordingly the Commission would award costs against Mr Jain. Mr Shariff, you will provide a draft order.

PN11

MR SHARIFF: Yes.

PN12

THE COMMISSIONER: I am not quite sure whether - once you provide that draft order I will seriously consider whether the - as I understand it the proposal that you put recovers about two-thirds?

PN13

MR SHARIFF: Yes.

PN14

THE COMMISSIONER: Or whether I should send it off for taxing purposes.

PN15

MR SHARIFF: Yes may it please you, Commissioner. We'll prepare two orders.

PN16

THE COMMISSIONER: Yes.

PN17

MR SHARIFF: One with a nominated sum and one that refers it off to taxation.

PN18

THE COMMISSIONER: Thank you. The Commission will issue the orders in due course.

PN19

MR SHARIFF: May it please.

PN20

THE COMMISSIONER: The Commission will stand adjourned, thanks.

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