Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36 Appeal from: Application for extension of time and leave to appeal from: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 1239

File number: VID 1030 of 2018

Judges: FLICK, REEVES AND O'Callaghan JJ

Date of judgment: 4 March 2019

Catchwords: COSTS – application for leave to appeal a costs order – whether the primary judge erred in the construction of the phrase "unreasonable act or omission" – whether the primary judge erred in finding the applicant's Calderbank offer was an "unreasonable act" – whether the primary judge erred in finding that the applicant's Calderbank offer resulted in the respondents incurring further costs – application for leave to appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Fair Work Act 2009 (Cth) ss 348, 500, 570

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 1239 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Cup of Tea Case) [2018] FCA 402 Calderbank v Calderbank [1975] 3 All ER 333 Celand v Skycity Adelaide Pty Ltd (2017) 256 FCR 306; [2017] FCAFC 222 Construction, Forestry, Mining and Energy Union & Ors v Clarke [2008] FCAFC 143 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153; [2016] FCAFC 97 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Border Protection v SZVFW (2018) 92 ALJR 713; [2018] HCA 30