Warren Mitchell Pty Ltd (ACN 009 194 638) v Australian Maritime Officers Union, The Australian Institute of Marine & Power Engineers, The Maritime Union of Australia and Ted Boronovskis [1995] IRCA 267

COSTS - Action under s.45D of Trade Practices Act - Application dismissed - Application by successful respondent for costs orders - Court's power to order costs - Relevant principles - Improper conduct by two respondents - Whether remaining respondents misconducted themselves in connection with litigation - Order made in favour of two respondents. Trade Practices Act 1974, s.45D Industrial Relations Act 1988, s.347 Rules of the Industrial Relations Court Order 62 WARREN MITCHELL PTY LTD (A.C.N. 009 194 638) v. AUSTRALIAN MARITIME OFFICERS UNION, THE AUSTRALIAN INSTITUTE OF MARINE & POWER ENGINEERS, THE MARITIME UNION OF AUSTRALIA AND TED BORONOVSKIS No. WI 101 of 1994 CORAM: WILCOX CJ PLACE: SYDNEY (Heard in Perth) DATE: 2 JUNE 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. WI 101 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: WARREN MITCHELL PTY LTD A.C.N. 009 194 638 Applicant AND: AUSTRALIAN MARITIME OFFICERS UNION First Respondent THE AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS Second Respondent THE MARITIME UNION OF AUSTRALIA Third Respondent and TED BORONOVSKIS Fourth Respondent CORAM: WILCOX CJ PLACE: SYDNEY (Heard in Perth) DATE: 2 JUNE 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application for an order for costs in favour of the first and fourth respondents be dismissed. 2. The applicant, Warren Mitchell Pty Ltd, pay to each of the second and third respondents, The Australian Institute of Marine and Power Engineers and the Maritime Union of Australia, the costs incurred by them in connection with the proceeding. 3. Failing agreement between the applicant and the relevant respondent as to the amount of the costs ordered to be paid to that respondent pursuant to order 2, the Registrar determine that amount in accordance with the procedure set out in rule 42 of Order 62 of the Federal Court Rules. 4. The operation of order 2 be stayed until after determination of the appeal filed by the applicant against the order made by the Court on 6 December 1994. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.