BHP Steel (AIS) Pty Ltd v CFMEU [2000] FCA 1963

BHP Steel (AIS) Pty Ltd v CFMEU [2000] FCA 1963

An order for costs cannot be made in favour of the third respondent as no following proceeding eventuated, and in any event, the steps taken by the third respondent were minor and did not justify such an order.

Jurisdiction
Australia
Judgment Date
02 June 2000
Procedural Posture
Application for Costs / Post Hearing (costs Application Determination)
Outcome
Third respondent's application for costs dismissed. Third respondent ordered to pay the applicants' costs.
Legal Topics
['costs' 'workplace Relations Act 1996 (cth)' 'injunction' 'contempt']
['employment Law'] ['costs' 'workplace Relations Act 1996 (cth)' 'injunction' 'contempt']

Case Brief

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Procedural Posture

Application for Costs / Post Hearing (costs Application Determination)

Legal Issues

  1. 1 ['Whether the third respondent is entitled to an order for costs in connection with injunction proceedings and threatened contempt proceedings.']

Ratio Decidendi

An order for costs cannot be made in favour of the third respondent as no following proceeding eventuated, and in any event, the steps taken by the third respondent were minor and did not justify such an order.

Court Disposition

Third respondent's application for costs dismissed. Third respondent ordered to pay the applicants' costs.

Orders

  • ["The third respondent's application for costs be dismissed." "The third respondent pay the first, second and third applicants' costs of the proceedings today." 'Costs to be taxed, if not agreed.']