In the Matter of an election for an office in the Communications Workers' Union of Australia Postal & Telecommunications Branch, NSW [1997] IRCA 295

In the Matter of an election for an office in the Communications Workers' Union of Australia Postal & Telecommunications Branch, NSW [1997] IRCA 295

Although Mr Cook's notice of motion was a proceeding for the purpose of s 347 and some aspects of it were essentially untenable, paragraph (ii) of order 1 raised an arguable matter that the Court arguably had power to deal with. Because the notice of motion in its entirety could not be concluded to have been instituted without reasonable cause, s 347 precluded an order for costs.

Jurisdiction
Australia
Judgment Date
14 November 1997
Procedural Posture
Election Inquiry Concerning an Office in the Communications Workers' Union of Australia Postal and Telecommunications Branch, New South Wales / Decision on Costs Reserved After Dismissal of Mr Cook's Notice of Motion
Outcome
Application for costs dismissed.
Legal Topics
['costs of Notice of Motion' 'jurisdiction and Discretion in Election Inquiry' 'procedural Fairness' 'section 347 Costs Limitation']
['industrial Law' 'costs' 'election Inquiry'] ['costs of Notice of Motion' 'jurisdiction and Discretion in Election Inquiry' 'procedural Fairness' 'section 347 Costs Limitation']

Case Brief

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Procedural Posture

Election Inquiry Concerning an Office in the Communications Workers' Union of Australia Postal and Telecommunications Branch, New South Wales / Decision on Costs Reserved After Dismissal of Mr Cook's Notice of Motion

Legal Issues

  1. 1 ['Whether the judgment should be re-opened on the basis that issues of discretion or appropriateness had not been argued and procedural fairness had been denied.' "Whether Mr Cook's notice of motion was a proceeding for the purpose of s 347." 'Whether the notice of motion was instituted without reasonable cause so as to permit an order for costs.']

Ratio Decidendi

Although Mr Cook's notice of motion was a proceeding for the purpose of s 347 and some aspects of it were essentially untenable, paragraph (ii) of order 1 raised an arguable matter that the Court arguably had power to deal with. Because the notice of motion in its entirety could not be concluded to have been instituted without reasonable cause, s 347 precluded an order for costs.

Court Disposition

Application for costs dismissed.

Orders

  • ['The application for costs is dismissed.']