Sydney Ferries Corporation v Australian Maritime Officers Union (No 3) [2008] FCA 960

FEDERAL COURT OF AUSTRALIA

Sydney Ferries Corporation v Australian Maritime Officers Union (No 3) [2008] FCA 960

COSTS – application by Sydney Ferries Corporation ('SFC') for interlocutory relief withdrawn before hearing – subsequent anti-suit injunctions granted against SFC – whether the application was instituted 'vexatiously or without reasonable cause' for the purposes of the Workplace Relations Act 1996 (Cth) – whether SFC 'by an unreasonable act or omission' caused another party to incur costs in connection with the proceeding Federal Court of Australia Act 1976, s 43 Workplace Relations Act 1996 (Cth), ss 494, 496, 824

Paras v Public Service Body Head of the Department of Infrastructure (No 3) (2006) 152 FCR 534 followed Shackley v Australian Croatian Club Ltd (1996) 141 ALR 736 followed Standish v University of Tasmania (1989) 28 IR 129 cited Sydney Ferries Corporation v Australian Maritime Officers Union [2008] FCA 817 referred to Sydney Ferries Corporation v Australian Maritime Officers Union (No 2) [2008] FCA 954 referred to The Queen v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 cited SYDNEY FERRIES CORPORATION v AUSTRALIAN MARITIME OFFICERS UNION, MARITIME UNION OF AUSTRALIA & SEAMENS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH AND AUSTRALIAN INSTITUTE OF MARINE & POWER ENGINEERS NSD 759 OF 2008

SACKVILLE J

25 JUNE 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 759 OF 2008

BETWEEN: SYDNEY FERRIES CORPORATION

Applicant

AND: AUSTRALIAN MARITIME OFFICERS UNION

First Respondent

MARITIME UNION OF AUSTRALIA & SEAMENS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH

Second Respondents

AUSTRALIAN INSTITUTE OF MARINE & POWER ENGINEERS

Third Respondent