Horsman, Barry Stanley v Commissioner of Main Roads [1999] FCA 1733

FEDERAL COURT OF AUSTRALIA

Horsman v Commissioner of Main Roads [1999] FCA 1733 ESTOPPEL – estoppel by conduct - assumption or expectation that issue of unfair dismissal would not be further litigated or reviewed – finding by trial judge that applicant estopped – no error shown. INDUSTRIAL LAW – award of costs under Industrial Relations Act 1988 – where applicant instituted proceedings before primary judge "without reasonable cause" – no error shown.

Industrial Relations Act 1988

Mobil Oil Australia Ltd v Wellcome International Pty Ltd (1988) 81 FCR 475 referred to Forbes v Australian Yachting Federation Inc (1996) 131 FLR 241 referred to Mortgage Acceptance Nominees Ltd v Australian Thoroughbred Finance Pty Ltd (1996) 69 SASR 302 referred to Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 referred to Anderson v Commonwealth Bank of Australia (Lindgren J, 29 September 1995, unreported) referred to

BARRY STANLEY HORSMAN v COMMISSIONER OF MAIN ROADS W 50 of 1999 SPENDER, WHITLAM and CARR JJ 3 DECEMBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 50 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: BARRY STANLEY HORSMAN

Appellant

AND: COMMISSIONER OF MAIN ROADS

Respondent

JUDGES: SPENDER, WHITLAM and CARR JJ

DATE OF ORDER: 3 DECEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT:

The appeal is dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 50 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: BARRY STANLEY HORSMAN

Appellant

AND: COMMISSIONER OF MAIN ROADS

Respondent

JUDGES: SPENDER, WHITLAM and CARR JJ