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