Construction, Forestry, Mining and Energy Union v Gittany [2014] FCA 405

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Gittany [2014] FCA 405 Citation: Construction, Forestry, Mining and Energy Union v Gittany [2014] FCA 405

Appeal from Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Limited & Anor [2013] FMCA 154 Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Limited & Anor (No 2) [2013] FCCA 215 Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ANTHONY GITTANY

File number(s): NSD 714 of 2013

Judge(s): BUCHANAN J

Date of judgment: 30 April 2014

Catchwords: PRACTICE AND PROCEDURE – application for costs – appeal from judgment of the Federal Circuit Court of Australia – whether appeal instituted vexatiously or without reasonable cause – whether a party committed unreasonable act or omission causing other party to incur costs – application for costs dismissed

Legislation: Fair Work Act 2009 (Cth), ss 494, 494(2)(a), 494(2)(a)(i), 501, 502, 502(1), 502(3), 570, 570(2)(a), 570(2)(b) Occupational Health and Safety Act 2000 (NSW), s 77

Cases cited: Betfair Pty Ltd v Racing New South Wales and Another (2010) 189 FCR 356 Construction, Forestry, Mining and Energy Union v Gittany [2014] FCA 164 Construction, Forestry, Mining & Energy Union v Hume Highway Constructions Pty Ltd & Anor [2013] FMCA 154 Construction, Forestry, Mining & Energy Union v Hume Highway Constructions Pty Ltd & Anor (No.2) [2013] FCCA 215 R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470