Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Rail, Tram and Bus Industry Union v Railway Employment Co Pty Ltd [2015] FCA 710 Citation: Australian Rail, Tram and Bus Industry Union v Railway Employment Co Pty Ltd [2015] FCA 710
Parties: AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION v RAILWAY EMPLOYMENT CO PTY LTD, MASKED FOX PERSONNEL PTY LTD and RAYMOND POWELL EVANS
File number: VID 315 of 2014
Judge: BROMBERG J
Date of judgment: 16 July 2015
Catchwords: COSTS – where application for leave to discontinue on the basis that each party bear its own costs – where matter arose under the Fair Work Act 2009 (Cth) – relevance of policy underpinning s 570 FW Act to exercise of costs discretion – relevance of policy underpinning r 26.12(7) Federal Court Rules 2011 (Cth) to exercise of costs discretion – whether proceedings instituted without reasonable cause – whether proceedings instituted vexatiously – whether unreasonable act or omission caused other parties to incur costs – order that applicant have leave to discontinue on the basis that the parties bear their own costs of the proceeding
Legislation: Fair Work Act 2009 (Cth) ss 50, 340(1), 361, 362, 550, 570, 570(2), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) ss 43(1), 43(1)(b) Federal Court Rules 2011 (Cth) rr 4.01(2), 26.12(7)
Cases cited: Ashby v Slipper (No 2) (2014) 314 ALR 84 Attorney-General v Wentworth (1988) 14 NSWLR 481 Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23 Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2015] FCAFC 97 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 El-Debel v Secretary, Department of Immigration and Border Protection (2014) 141 ALD 611; [2014] FCA 474 Oceanic Sun Line Special Shipping Company Inc v Fay (1988) 165 CLR 197 Ryan v Primesafe [2015] FCA 8 Saxena v PPF Asset Management Ltd [2011] FCA 395 Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (2011) 122 ALD 114 Travaglini v Raccuia [2012] FCA 620 von Reisner v Commonwealth (2009) 177 FCR 531
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