Liquor, Hospitality & Miscellaneous Union v The Roman Catholic Archbishop of Perth [2008] FCA 457

FEDERAL COURT OF AUSTRALIA

Liquor, Hospitality & Miscellaneous Union v The Roman Catholic Archbishop of Perth [2008] FCA 457

COSTS – motion for interim injunctions withdrawn – s 824 Workplace Relations Act 1976 (Cth) – whether costs ought be ordered to be paid by first respondent – whether motion instituted by first applicant without reasonable cause – whether pursuit of motion involved unreasonable acts or omissions by the first applicant which occasioned the respondent to incur costs – costs ordered. COSTS – indemnity costs – application by respondent for indemnity costs – whether it was unreasonable for the first applicant to have subjected the respondent to the expenditure of costs – costs ordered on indemnity basis. Workplace Relations Act 1996 (Cth), ss 400(1), 414, 792, 807, 824

Hamod v New South Wales(2002) 188 ALR 659 Paras v Public Service Body Head of the Department of Infrastructure (No 3) (2006) 152 FCR 534 LIQUOR HOSPITAL & MISCELLANEOUS UNION v THE ROMAN CATHOLIC ARCHBISHOP OF PERTH CORPORATION SOLE TRADING AS i.d.entity.wa

WAD 27 OF 2008

GILMOUR J

9 APRIL 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 27 OF 2008

BETWEEN: LIQUOR HOSPITALITY AND MISCELLANEOUS UNION First Applicant

Lubica (LOU) McGuire

Second Applicant

AND: THE ROMAN CATHOLIC ARCHBISHOP OF PERTH CORPORATION Sole Trading As i.d.entity.wa

Respondent

JUDGE: GILMOUR J

DATE OF ORDER: 9 APRIL 2008

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The motion be dismissed. 2. The first applicant pay the costs of the respondent in relation to the notice of motion including the costs of hearings on the 6 February 2008 and 19 March 2008 on an indemnity basis.

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