Australasian Meat Industries Employees Union (No 2) v State of South Australia [1999] FCA 818

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees Union [No. 2] v State of South Australia [1999] FCA 818 INDUSTRIAL LAW – costs – application for costs by successful respondent – finding that the proceedings were commenced by the applicants without reasonable cause but costs denied on the ground that respondent failed to discover a letter that would have shown that the applicants would fail – applicants proceeded to trial in ignorance of the letter. Workplace Relations Act 1996 (Cth), s 347 Federal Court Rules, O 35, r 7 Heidt v Chrysler Australia Ltd (1976) 27 FLR 257 cited Thompson & Ors v Hodder & Ors (1989) 21 FCR 467 cited R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 cited Foxcroft v Ink Group Pty Ltd (1994) 125 ALR 677 referred to Hatchett v Bowater Tutt Industries Pty Ltd (No 2) (1991) 28 FCR 324 referred to Commonwealth of Australia v Northern Land Council & Anor (1991) 30 FCR 1 cited Matter No. 92 of 1997 AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION & OTHERS [No. 2] v STATE OF SOUTH AUSTRALIA VON DOUSSA J ADELAIDE 15 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 92 OF 1997

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION & OTHERS [No.2]

Applicant

AND: STATE OF SOUTH AUSTRALIA

Respondent

JUDGE: VON DOUSSA J

DATE OF ORDER: 15 JUNE 1999

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The respondent's application for costs of the action dismissed. 2. The order for costs made on 9 December 1998 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

SOUTH AUSTRALIA DISTRICT REGISTRY SG 92 OF 1997

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION & OTHERS [No.2]