PRACTICE AND PROCEDURE – where the applicant files an originating application under Fair Work Act 2009 (Cth) (Fair Work Act) alleging contravention of a general protection but seeks relief under ss 1317AE, 1317G and s 233 of Corporations Act 2011 (Cth) (Corporations Act) as a minority shareholder – where the respondent failed to file defence as ordered by Court – where applicant gives notice respondents are in breach of Court order – defence filed late – where the defence adopts “accepts” rather than “admits” – where there is a need for an amended defence – where summary judgment not appropriate – where the question is one of costs – where s 570 Fair Work Act applies even though Corporations Act also invoked – where respondents afford no explanation by way of affidavit for late defence – where the Court is satisfied the respondents’ non-compliance with Court order has visited unnecessary costs on applicant – respondents to pay applicant’s costs of interlocutory application and case management hearing
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0743
For more information, see the original judgement.
