Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 532

FEDERAL COURT OF AUSTRALIA

Spalding v Can't Tear 'Em Pty Ltd [1999] FCA 532

ANGELITA SPALDING v CAN'T TEAR 'EM PTY LTD

QG 96 OF 1998

KIEFEL J

BRISBANE

4 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 96 OF 1998

ON APPEAL FROM A DECISION OF AN INDUSTRIAL MAGISTRATE

BETWEEN: ANGELITA SPALDING

Appellant

AND: CAN'T TEAR 'EM PTY LTD

Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 4 MAY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The order for costs made by the Industrial Magistrate be set aside. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 96 OF 1998

ON APPEAL FROM A DECISION OF AN INDUSTRIAL MAGISTRATE

BETWEEN: ANGELITA SPALDING

Appellant

AND: CAN'T TEAR 'EM PTY LTD

Respondent

JUDGE: KIEFEL J

DATE: 4 MAY 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT (COSTS) 1 A submission seeking the costs of this appeal was not pressed. I had indicated my view that whilst unsuccessful these proceedings could not be characterised as frivolous or vexatious. Consistent with that view there should not have been an order for costs made by the Industrial Magistrate. There will be a further order that the order for costs made by the Industrial Magistrate be set aside. I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Kiefel.

Associate: Dated: 4 May 1999 Counsel for the Appellant: Mr S Howells

Solicitor for the Appellant: Nall Payne

Counsel for the Respondent: Mr A Herbert

Solicitor for the Respondent: Dillons

Date of Hearing: 15 February 1999

Date of Judgment: 14 April 1999