Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2003] FCAFC 226
COSTS – application for costs against intervener – whether special circumstances requiring a costs order Workplace Relations Act 1996 (Cth) ss471, 347(1) Federal Court of Australia Act 1976 (Cth) s14(3) Judiciary Act 1903 (Cth) s78A(2) Johnston v Cameron [2002] FCAFC 301
Ruddock v Vadarlis [2001] FCA 1865, (2001) 188 ALR 143
O'Toole v Charles David Proprietary Limited (1991) 171 CLR 232 AUSTRALIAN INDUSTRY GROUP v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION, EMWEST PRODUCTS PTY LIMITED T/AS EMAIL METERING and THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS V844 of 2002 FRENCH AND MARSHALL JJ 13 OCTOBER 2003 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V844 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
BETWEEN: THE AUSTRALIAN INDUSTRY GROUP
APPELLANT
AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION
FIRST RESPONDENT
EMWEST PRODUCTS PTY LIMITED t/as EMAIL METERING
SECOND RESPONDENT
THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS
INTERVENER
JUDGES: FRENCH AND MARSHALL JJ
DATE OF ORDER: 13 OCTOBER 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The application of the first respondent for costs against the intervener (on behalf of the Commonwealth), in respect of the appeal and the application for leave to appeal, be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V844 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
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