Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McIlwain v Ramsey Food Packaging Pty Ltd (No. 2) [2006] FCA 907
COSTS – exercise of discretion in a proceeding involving a matter arising under the Workplace Relations Act – s 347 – scope of the prohibition – whether notice of motion is a proceeding – whether proceeding instituted without reasonable cause.
Workplace Relations Act 1996 (Cth) Council of the City of Sydney v Goldspar Pty Ltd [2003] FCA 769 (cited) Kennedy v Wallace [2004] FCA 636 (cited) Thompson & Ors v Hodder & Ors 21 FCR 467 (quoted) McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1233 (cited) McIlwain v Ramsey Food Packaging Pty Ltd [2006] FCA 828 (cited) MCILWAIN v RAMSEY FOOD PACKAGING PTY LTD & ORS QUD66 OF 2003 GREENWOOD J 14 JULY 2006 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q66 OF 2003
BETWEEN: PETER LESLIE MCILWAIN
APPLICANT
AND: RAMSEY FOOD PACKAGING PTY LTD
FIRST RESPONDENT
RAMSEY FOOD PACKAGING NO. 2 PTY LTD
SECOND RESPONDENT
RAMSEY BUTCHERING SERVICES PTY LTD
THIRD RESPONDENT
RAMSEY FOOD SERVICES PTY LTD
FOURTH RESPONDENT
JUDGE: GREENWOOD J
DATE OF ORDER: 14 JULY 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The respondents pay the costs of Northern Co-operative Meat Company Limited of and incidental to the notice of motion heard on 16 August 2005 by which the respondents sought leave to issue a subpoena addressed to Northern Co-operative Meat Company Limited. 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 Q66 OF 2003
BETWEEN: PETER LESLIE MCILWAIN
APPLICANT
AND: RAMSEY FOOD PACKAGING PTY LTD
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