Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 5) [2021] FCA 1645

Federal Court of Australia

Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 5) [2021] FCA 1645 File numbers: NSD 596 of 2017 NSD 1594 of 2017

Judgment of: LEE J

Date of judgment: 23 December 2021

Catchwords: PRACTICE AND PROCEDURE – award of pre-judgment interest – whether a discount should be made for desultory approach adopted by the applicants – percentage of pre-judgment interest awarded COSTS – whether an adverse costs order should be made – where offers of compromise made – consideration of the relevant principles – conduct of Union in not accepting the offers not unreasonable in all the circumstances – no adverse costs order awarded

Legislation: Fair Work Act 2009 (Cth) ss 547, 570 Federal Court of Australia Act 1976 (Cth) ss 51A, 37M, 37N, Pt VB

Cases cited: Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23; (2013) 232 FCR 428 Bywater v Appco Group Australia Pty Ltd [2019] FCA 799 Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222; (2017) 256 FCR 306 Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451; (2019) 286 IR 52 Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 4) [2021] FCA 1481 Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2021] FCAFC 83; (2021) 308 IR 39 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 317 ALR 665 Ryan v Primesafe [2015] FCA 8; (2015) 323 ALR 107 Tomvald v Toll Transport Pty Ltd [2017] FCA 1208 Veda Advantage Ltd v Malouf Group Enterprises Pty Ltd (No 2) [2016] FCA 470