PG & LJ Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2005] FCA 134

FEDERAL COURT OF AUSTRALIA

PG & LJ Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2005] FCA 134

COSTS – Application for costs orders by successful respondents – Proceeding brought under Workplace Relations Act and Trade Practices Act – Whether proceeding instituted without reasonable cause – Costs order made. Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 followed. Workplace Relations Act 1996 (Cth) s 347 P G & L J SMITH PLANT HIRE PTY LTD, PETER GLANVILLE SMITH, NIGEL HADGKISS v LANSKEY CONSTRUCTIONS PTY LTD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, PETER PRIMMER, MICHAEL LANE NSD 330 of 2004 WILCOX J 25 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 330 of 2004

BETWEEN: P G & L J SMITH PLANT HIRE PTY LTD

FIRST APPLICANT

PETER GLANVILLE SMITH

SECOND APPLICANT

NIGEL HADGKISS

THIRD APPLICANT

AND: LANSKEY CONSTRUCTIONS PTY LTD

FIRST RESPONDENT

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

SECOND RESPONDENT

PETER PRIMMER

THIRD RESPONDENT

MICHAEL LANE

FOURTH RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 25 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicants pay the costs of the proceeding of each of the respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 330 of 2004

BETWEEN: P G & L J SMITH PLANT HIRE PTY LTD

FIRST APPLICANT