CASE PROCEDURES – appeals – costs – ss.400A, 604, 611 Fair Work Act 2009 – permission to appeal – Full Bench – decision of Full Bench refused permission to appeal and dismissed appeal [[2016] FWCFB 5223] filed by appellant against decision and order of Commissioner Platt, who dismissed application pursuant to s.399A of FW Act – respondent made costs application against appellant on basis that appeal filed ‘without reasonable cause’ – submitted should have been reasonably apparent to appellant that application had no reasonable prospects of success – contended she sought to run same case put to Commission at first instance, which itself was unrelated to s.399A application – test not whether argument would be successful but whether application should not have been made [Church v Eastern Health] – Full Bench acknowledged that application for costs related only to current appeal and not previous proceedings – that a person may have comprehensively lost their unfair dismissal claim and that costs are awarded against them based on tests under ss.611 and 400A does not necessarily mean that appeal against decision will result in similar costs outcome – focus must always be on the proceedings to which the costs application is directly related – Full Bench found applicant held an ‘absolute and unshakable belief in the merits of her case’ and went to ‘extraordinary and bizarre lengths’ to prove her innocence – Full Bench found appellant was clearly aware of adverse findings against her at first instance and had benefit of knowing respondent’s arguments against her in respect of appeal and yet continued to pursue application – grounds set out in Notice of Appeal ‘manifestly untenable or groundless’ [Baker v Salva Resources] and could therefore not be viewed as having any reasonable prospects of success – so devoid of merit or substance as to not be reasonably arguable – Full Bench held s.611(2) of FW Act enlivened – unnecessary to make further findings under s.400A – ordered appellant to pay respondent $5,000 incurred as party-party costs in preparing and defending appeal. Appeal by Hansen against decision and order of Platt C of 31 May 2016 [[2016] FWC 3472] and [PR580948] Re: Calvary Health Care Adelaide Limited
