Harpham v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (No 2) [2017] FCA 140

FEDERAL COURT OF AUSTRALIA

Harpham v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (No 2) [2017] FCA 140 File number: TAD 8 of 2014

Judge: TRACEY J

Date of judgment: 24 February 2017

Catchwords: COSTS – application by respondent for indemnity costs – where applicant recovered amount by way of contractual damages – where respondent had earlier made three Calderbank offers, none of which bettered by applicant – whether rejection of Calderbank offers was an "unreasonable act or omission" within the meaning of s 570(2)(b) of the Fair Work Act 2009 (Cth) – application by applicant for costs of resisting respondent's costs application – whether making of costs application by respondent enlivened s 570(2)(a) or (b) of the Fair Work Act 2009 (Cth) – each application refused – no order as to costs

Legislation: Fair Work Act 2009 (Cth), s 570, 570(1), 570(2) Federal Court of Australia Act 1976 (Cth), s 43

Cases cited: Ashby v Slipper (No 2) (2014) 314 ALR 84 Australian Workers' Union v Leighton Contractors Pty Ltd (No 2) (2013) 232 FCR 428 Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166 Calderbank v Calderbank [1975] 3 All ER 333 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) (2015) 230 FCR 337 Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 Harpham v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FCA 1473 Hartnett Legal Services Pty Ltd v Ballantyne (No 2) [2015] FCA 1027 McDonald v Parnell Laboratories (Aust) (No 2) (2007) 164 FCR 591 Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221 Ryan v Primesafe (2015) 323 ALR 107 Shea v Energy Australia Services Pty Ltd (No 7) [2014] FCA 1091 Stratton Finance Pty Limited v Webb [2014] FCAFC 110 Veda Advantage Limited v Malouf Group Enterprises Pty Limited (No 2) [2016] FCA 470