Federal Court of Australia
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AO
CATCHWORDS
Industrial Law - whether costs are recoverable by a successful litigant 1n proceedings instituted pursuant to the
Conciliation & Arbitration Act 1904 - application of s.197A -
whether an action is a proceeding "in a matter arising under
this Act" pursuant to s.197A.
Conciliation & Arbitration Act 1904, ss.4, 5, 41, 49, 118A,
119, 121, 123 and 197A.
Retail & Wholesale Shop Employees (Australian Capital
Territory) Award 1968
PETER ANTHONY FOULOS v. WALTONS STORES (INTERSTATE) LIMITED
Smithers, Keely and Gray JJ.
26 September 1986
Melbourne.
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IN THE FEDERAL COURT OF AUSTRALIA } AUSTRALIAN CAPITAL TERRITORY
No. ACT 10 of 1984 DISTRIUT REGISTRY
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INDUSTRIAL DIVISION
ON APPEAL FROM A SINGLE
JUDGE OF THE FEDERAL COURT OF AUSTRALIA
Between: PETER ANTHONY POULOS
(Appellant) And: WALTONS STORES CINTERSTATE) LIMITED
(Respondent)
JUDGES MAKING ORDER: Smithers, Keely and Gray JJ
DATE OF ORDER: 26 September 1986
WHERE MADE: Me Lbourne
MINUTE OF ORDER
THE COURT ORDERS THAT:
There be no order as to costs.
NOTE: Settlement and entry of orders is dealt with by
Urder 36 of the Federal Court Rules.
IN THE FEDERAL VCUURT OF! AUSTRALIA
AUSTRALIAN CAPITAL TERRITURY
No. ACT lt or 1484 DISTRICT REGISTRY
~~ yer rere
INDUSTRIAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
Between: PETER ANTHONY POGULOS (Appellant) And: WALTONS STORES CINTERSTATE ) LIMITED
(Respondent >
CORAM: Smithers, Keely and Gray Jd DATE: 26 September 1986
REASONS FOR JUDGMENT
SMITHERS J: It would be more than surprising that Parliament would enact that a workman who had to sue for wages due to him under an award and wrongfully withheld by his employer may recover judgment for the wage but not be awarded the costs of the--proceedings to obtain -1t. Surprise would be intensified 1f the costs not recoverable were those of a four day hearing at first instance, and two hearings before the Full Court in which the employer failed on every issue he raised. Yet that
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