Australian Meat Industry Employees' Union v Sunland Enterprises Pty Ltd [1988] FCA 343

JUDGMENT No. a

CATCHWORDS Industrial law - costs - whether proceedings instituted "without reasonahle cause"- prosecutor unable to prove

element of offence occurring within Limitation period -

Prosecution could not have succeeded - prosecutor misled by

third party - separation from costs of other proceedings -

likely amount of costs.

Conciliation and Arbitration Act s.5, s.197A.

Crimes Act 1914 s.2l.

AUSTRALASTIAN MEAT INDUSTRY EMPLOYEES' UNION v. SUNLAND ENTERPRISES PTY. LTD. trading as SUNLAND WHOLESALE MEATS, HEATHER DAWN ALDOUS trading as SUNLAND WHOLESALE MEATS and

DONALD CHARLES ALDOUS trading as SUNLAND WHOLESALE MEATS.

Nos. I 35, I 36, I 46, I 47, I 50 and I 51 of 1987

GRAY J. MELBOURNE:

8TH JUNE 1988

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY INDUSTRIAL DIVISION

No. I 35 of 1987

BETWEEN:

AUSTRALASTAN MEAT INDUSTRY EMPLOYEES' UNION

Prosecutor = and- HEATHER DAWN ALDOUS trading as SUNLAND WHOLESALE MEATS Defendant

MINUTES OF ORDER

THE COURT ORDERS THAT the prosecutor pay the defendant's

costs of the proceeding.

(NOTE: Settlement and entry of orders is dealt with by 0.36

of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. I 36 of 1987 ) )

INDUSTRIAL DIVISION BETWEEN:

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION Prosecutor

-and- DONALD CHARLES ALDOUS trading as SUNLAND WHOLESALE MEATS Defendant MINUTES OF ORDER

THE COURT ORDERS THAT the prosecutor pay the defendant's

costs of the proceeding.

(NOTE: Settlement and entry of orders is dealt with by 0.36