Tristar Steering and Suspension Australia Limited v Industrial Relations Commission of New South Wales (No. 2) [2007] FCAFC 95

Tristar Steering and Suspension Australia Limited v Industrial Relations Commission of New South Wales (No. 2) [2007] FCAFC 95

Section 824 of the Workplace Relations Act 1996 (Cth) did not bar a costs order because the relief previously granted did not vindicate a right or duty conferred or created by that Act. The proceedings enforced the duty of the Industrial Relations Commission of New South Wales not to act outside jurisdiction, with the absence of jurisdiction arising from the operation of s 109 of the Constitution. The Court therefore had power to award costs. Although the applicants failed to seek costs before judgment, costs need not be specifically claimed, the Court may deal with costs after conclusion, the second respondent showed no prejudice or discretionary reason to refuse costs, and the usual...

Jurisdiction
Australia
Judgment Date
22 June 2007
Procedural Posture
Costs Application in Federal Court Proceedings Concerning Industrial Relations and Constitutional Invalidity / Second Respondent's Application Pursuant to O 35 R 7 to Set Aside the Order for Costs Made on 13 April 2007
Outcome
The second respondent's application to set aside the costs order made on 13 April 2007 was dismissed, and no order was made as to the costs of that application.
Legal Topics
['whether S 824(1) of the Workplace Relations Act 1996 (cth) Barred a Costs Order' 'whether the Proceeding Was in a Matter Arising Under the Workplace Relations Act 1996 (cth)' 'operation of S 109 of the Constitution' 'discretion to Award Costs After Judgment Where Costs Were Not Sought at the Hearing']
['costs' 'industrial Relations' 'constitutional Law' 'federal Jurisdiction'] ['whether S 824(1) of the Workplace Relations Act 1996 (cth) Barred a Costs Order' 'whether the Proceeding Was in a Matter Arising Under the Workplace Relations Act 1996 (cth)' 'operation of S 109 of the Constitution' 'discretion to Award Costs After Judgment Where Costs Were Not Sought at the Hearing']

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Procedural Posture

Costs Application in Federal Court Proceedings Concerning Industrial Relations and Constitutional Invalidity / Second Respondent's Application Pursuant to O 35 R 7 to Set Aside the Order for Costs Made on 13 April 2007

Legal Issues

  1. 1 ['Whether the proceedings were in a matter arising under the Workplace Relations Act 1996 (Cth) so that s 824 barred an order for costs.' 'Whether the right or duty enforced owed its existence to the Workplace Relations Act 1996 (Cth) or arose from s 109 of the Constitution.' "Whether the applicants' failure to seek costs at the hearing should lead to refusal of costs." 'Whether there should be any order as to the costs of the application to set aside the earlier costs order.']

Ratio Decidendi

Section 824 of the Workplace Relations Act 1996 (Cth) did not bar a costs order because the relief previously granted did not vindicate a right or duty conferred or created by that Act. The proceedings enforced the duty of the Industrial Relations Commission of New South Wales not to act outside jurisdiction, with the absence of jurisdiction arising from the operation of s 109 of the Constitution. The Court therefore had power to award costs. Although the applicants failed to seek costs before judgment, costs need not be specifically claimed, the Court may deal with costs after conclusion, the second respondent showed no prejudice or discretionary reason to refuse costs, and the usual...

Court Disposition

The second respondent's application to set aside the costs order made on 13 April 2007 was dismissed, and no order was made as to the costs of that application.

Orders

  • ['The application of the second respondent pursuant to O 35 r 7 to set aside the order for costs made on 13 April 2007 is dismissed.' 'There be no order as to costs in connection with that application.']