Case procedures – costs – ss.375B, 604, 611 Fair Work Act 2009 – application for costs by respondent – applicant made application for Commission to deal with a general protections dispute involving dismissal – application was dismissed as it was filed outside of statutory time limit and no exceptional circumstances existed – application sought permission to appeal – matter listed for hearing on whether permission should be granted – applicant requested, and was granted, an extension of time in which to file submissions – applicant subsequently discontinued application – respondent sought costs – respondent submitted that neither of the errors of fact cited by the applicant were errors of fact – respondent submitted that the fact the appeal was discontinued two days prior to hearing is evidence that appeal had no prospects of success – applicant submitted she sincerely believed application had merit and was in public interest – applicant submitted she discontinued application because of cost of legal representation and deteriorating mental health – Commission not satisfied that application for permission to appeal made vexatiously or without reasonable cause – Commission not persuaded costs were incurred because of an unreasonable act or omission – application for costs dismissed. Noronha-Barrett v Australian National University
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