Tristar Steering and Suspension Australia Limited v Industrial Relations Commission of New South Wales (No. 2) [2007] FCAFC 95

FEDERAL COURT OF AUSTRALIA

Tristar Steering and Suspension Australia Limited v Industrial Relations Commission of New South Wales (No. 2) [2007] FCAFC 95

COSTS – whether a statutory limitation to award costs in industrial matters applies – principles relating to discretion to award costs – no application for costs made at hearing – costs later sought – the question of costs should normally be raised at the hearing RIGHTS OR DUTY – whether the right or duty that was sought to be enforced owed its existence to a federal act MATTER - in a matter arising under the Act The Constitution (Cth) s 75(v), s 109 Judiciary Act 1903 (Cth) s 39B(1A)(b), s39B(1A)(c) Federal Court of Australia Act 1976 (Cth) Federal Court Rules o 4 r 1, o 4 r 3(3), o 62 r 3, o 62 r 15 Industrial Relations Act 1988 (Cth) s 347(1) Industrial Relations Act 1996 (NSW) s 146(1)(d) Workplace Relations Act 1996 (Cth) s 16, s 45, s 824(1) ACCC v Daniels Corporation Pty Limited [2001] FCA 936 Grygiel v Baine (No 2) [2005] NSWCA 434 Quickenden v O'Connor (2001) 109 FCR 243 Re McJannet; Ex parte Australian Workers Union of Employees, Queensland [No.2] (1997) 189 CLR 654 Re Polites; Ex parte The Hoyts Corporation Pty Limited (1991) 173 CLR 78 Seven Network (Operations) Ltd v Media Entertainment and Arts Alliance (2004) 148 FCR 145 Shanahan v Australian Industrial Relations Commission (No 2) [2006] FCAFC 175 Tristar Steering and Suspension Limited v Industrial Relations Commission of New South Wales [2007] FCAFC 50 TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED AND CHENG HONG v INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES AND NEW SOUTH WALES MINISTER FOR INDUSTRIAL RELATIONS NSD 354 OF 2007

KIEFEL, GYLES AND BUCHANAN JJ

22 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 354 OF 2007