Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155

FEDERAL COURT OF AUSTRALIA

Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155

INDUSTRIAL LAW – application for costs order – whether s 347(1) of the Workplace Relations Act 1996 (Cth) applies to preclude the award of costs – proceeding instituted without reasonable cause – costs order made Workplace Relations Act 1996 (Cth) s 347(1) Re McJannet; ex parte Australian Workers' Union of Employees, Queensland (1997) 189 CLR 654 at 656, applied Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 at 264-265, referred to Thompson v Hodder (1989) 21 FCR 467 at 470, referred to

SPOTLESS SERVICES AUSTRALIA LTD v THE HONOURABLE SENIOR DEPUTY PRESIDENT JEANETTE MARSH, THE HONOURABLE DEPUTY PRESIDENT NICHOLAS BLAIN and COMMISSIONER BARBARA DEEGAN AS MEMBERS OF A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and THE HONOURABLE BRENDAN McCARTHY, A DEPUTY PRESIDENT OF THE COMMISSION and MARION WOOKEY and TERRY TOPHAM W 225 OF 2003 WILCOX, MARSHALL and JACOBSON JJ 9 JUNE 2004 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 225 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: SPOTLESS SERVICES AUSTRALIA LTD

APPLICANT

AND: THE HONOURABLE SENIOR DEPUTY PRESIDENT JEANETTE MARSH, THE HONOURABLE DEPUTY PRESIDENT NICHOLAS BLAIN and COMMISSIONER BARBARA DEEGAN AS MEMBERS OF A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and THE HONOURABLE BRENDAN McCARTHY, A DEPUTY PRESIDENT OF THE COMMISSION

FIRST RESPONDENTS

MARION WOOKEY and TERRY TOPHAM

SECOND RESPONDENTS

JUDGES: WILCOX, MARSHALL AND JACOBSON JJ

DATE OF ORDER: 9 JUNE 2004

WHERE MADE: MELBOURNE (HEARD IN PERTH)