Pathmanathan v St John of God Healthcare Inc [2025] FCAFC 61

1. For the reasons given above, the appeal is dismissed with costs.
2. For the avoidance of doubt, we note that a separate Notice of Appeal in relation to the costs orders made below was filed and given proceeding number VID 667 of 2023. Orders were subsequently made by the judge case managing the appeals consolidating that proceeding with the substantive appeal proceeding. Accordingly, no orders need to be made in relation to the costs appeal. The costs appeal only sought to disturb the costs order below if the substantive appeal succeeded (which it has not).

I certify that the preceding seventy-two (72) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justices Button, Dowling and Younan .