A & L Silvestri Pty Limited v Construction, Forestry, Mining and Energy Union [2008] FCA 812

A & L Silvestri Pty Limited v Construction, Forestry, Mining and Energy Union [2008] FCA 812

The applicant is entitled to a costs order limited to costs relating to the proof of damages for breach of s 45D of the Trade Practices Act, which are not duplicative of costs relating to the Workplace Relations Act claim, as s 347 of the Workplace Relations Act does not restrict costs in relation to discrete federal claims, and none of the respondents' arguments regarding overlap, funding, or s 45DC protection preclude such an order.

Jurisdiction
Australia
Judgment Date
03 June 2008
Procedural Posture
Application for Costs Order Following Substantive Judgment on Workplace Relations and Trade Practices Act Claims / Post Judgment; Determination of Costs
Outcome
The first and second respondents are ordered to pay the first applicant's costs of and incidental to the proof of damages for breach of s 45D of the Trade Practices Act, and the costs of the first applicant of the argument as to costs. No order as to costs against or in favour of the third, fourth, and fifth...
Legal Topics
['award of Costs in Federal and Workplace Relations Proceedings' 'interaction Between Trade Practices Act and Workplace Relations Act on Costs' 'entitlement to Costs in Joined Proceedings' "effect of Respondents' Roles on Costs Liability"]
['employment Law' 'trade Practices' 'costs'] ['award of Costs in Federal and Workplace Relations Proceedings' 'interaction Between Trade Practices Act and Workplace Relations Act on Costs' 'entitlement to Costs in Joined Proceedings' "effect of Respondents' Roles on Costs Liability"]

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Procedural Posture

Application for Costs Order Following Substantive Judgment on Workplace Relations and Trade Practices Act Claims / Post Judgment; Determination of Costs

Legal Issues

  1. 1 ['Whether the successful applicant is entitled to costs relating to the Trade Practices Act claim, despite the presence of a Workplace Relations Act claim and joined applicants with separate interests' 'Whether s 347 of the Workplace Relations Act restricts costs in relation to discrete federal claims under the Trade Practices Act' 'Effect of s 45DC and s 84(2) of the Trade Practices Act on liability for costs among various respondents' 'Whether joinder of applicants affects entitlement to, or liability for, costs']

Ratio Decidendi

The applicant is entitled to a costs order limited to costs relating to the proof of damages for breach of s 45D of the Trade Practices Act, which are not duplicative of costs relating to the Workplace Relations Act claim, as s 347 of the Workplace Relations Act does not restrict costs in relation to discrete federal claims, and none of the respondents' arguments regarding overlap, funding, or s 45DC protection preclude such an order.

Court Disposition

The first and second respondents are ordered to pay the first applicant's costs of and incidental to the proof of damages for breach of s 45D of the Trade Practices Act, and the costs of the first applicant of the argument as to costs. No order as to costs against or in favour of the third, fourth, and fifth...

Orders

  • ['The first and second respondents pay the costs of the first applicant of and incidental to the proof of damages for breach of s 45D of the Trade Practices Act 1974 (Cth) and the costs of the first applicant of the argument as to costs.' 'No order as to costs relating to the third, fourth and fifth respondents.']