Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland v Queensland Master Builders Association, Industrial Organisation of Employees, in the matter of BUSS (Queensland) Pty Ltd [2022] FCA 283

Federal Court of Australia

Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland v Queensland Master Builders Association, Industrial Organisation of Employees, in the matter of BUSS (Queensland) Pty Ltd [2022] FCA 283 File number(s): QUD 31 of 2022

Judgment of: GREENWOOD J

Date of judgment: 24 March 2022

Catchwords: CORPORATIONS – consideration of the question of costs in relation to a proceeding concerning the Trustee of a superannuation scheme and provisions in relation to the filling of vacancies on the Board of the Trustee of the Scheme COSTS – consideration of the principles to be applied in exercising the discretion as to costs in circumstances where a proceeding has been resolved and a notice of discontinuance filed (subject to costs) a relatively short time prior to the date for the hearing of the proceeding

Legislation: Corporations Act 2001 (Cth), ss 140, 232, 233 Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011, rules 1.31 – 1.33 Superannuation Industry (Supervision) Act 1993 (Cth), s 89(3)

Cases cited: Chapman v Luminis Pty Ltd [2003] FCAFC 162 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Latoudis v Casey (1990) 170 CLR 534 Northern Territory of Australia v Souleymane Sangare (2019) 265 CLR 164 ONE.TEL Ltd v Deputy Commissioner of Taxation (2000) 171 ALR 227 Oshlack v Richmond River Council (1998) 193 CLR 72 Re The Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492