PG & LJ Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2005] FCA 134

PG & LJ Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2005] FCA 134

The respondents were entitled to costs because the Trade Practices Act claims had failed and there was no special circumstance displacing the ordinary rule that costs follow the event, and because the Workplace Relations Act claims were legally hopeless even on the applicants' own version of the facts, meaning the proceeding was instituted without reasonable cause within s 347.

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Application for Costs Orders by Successful Respondents in a Proceeding Brought Under the Workplace Relations Act 1996 (cth) and the Trade Practices Act 1974 (cth) / Reasons for Judgment on Costs After the Proceeding Was Dismissed on 17 December 2004
Outcome
Costs order made in favour of each respondent.
Legal Topics
['costs Following the Event' 'costs in Workplace Relations Act Proceedings' 'proceeding Instituted Without Reasonable Cause']
['costs' 'workplace Relations' 'trade Practices'] ['costs Following the Event' 'costs in Workplace Relations Act Proceedings' 'proceeding Instituted Without Reasonable Cause']

Case Brief

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Procedural Posture

Application for Costs Orders by Successful Respondents in a Proceeding Brought Under the Workplace Relations Act 1996 (cth) and the Trade Practices Act 1974 (cth) / Reasons for Judgment on Costs After the Proceeding Was Dismissed on 17 December 2004

Legal Issues

  1. 1 ['Whether costs should be awarded to the successful respondents in respect of failed Trade Practices Act 1974 (Cth) claims' 'Whether the Workplace Relations Act 1996 (Cth) proceeding was instituted without reasonable cause so as to permit a costs order under s 347']

Ratio Decidendi

The respondents were entitled to costs because the Trade Practices Act claims had failed and there was no special circumstance displacing the ordinary rule that costs follow the event, and because the Workplace Relations Act claims were legally hopeless even on the applicants' own version of the facts, meaning the proceeding was instituted without reasonable cause within s 347.

Court Disposition

Costs order made in favour of each respondent.

Orders

  • ['The applicants pay the costs of the proceeding of each of the respondents.']