Blomfield v Bechtel Construction (Australia) Pty Ltd (No 2) [2013] FCA 228

Blomfield v Bechtel Construction (Australia) Pty Ltd (No 2) [2013] FCA 228

Where the applicants sought leave to discontinue their application, the respondent sought leave to discontinue its cross-claim, and neither side sought costs, the appropriate disposition was to grant both discontinuances and make no order as to costs.

Jurisdiction
Australia
Judgment Date
07 March 2013
Procedural Posture
Fair Work Proceeding Concerning Cessation of Work Said to Involve Workplace Health and Safety Rights / Hearing; Applicants Sought Leave to Discontinue the Application and Respondent Sought Leave to Discontinue Its Cross Claim
Outcome
Application and cross-claim discontinued by leave; no order as to costs.
Legal Topics
['workplace Rights' 'cessation of Work' 'imminent Risk to Life or Health' 'unlawful Industrial Action' 'discontinuance' 'costs']
['fair Work' 'work Health and Safety' 'industrial Relations'] ['workplace Rights' 'cessation of Work' 'imminent Risk to Life or Health' 'unlawful Industrial Action' 'discontinuance' 'costs']

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Procedural Posture

Fair Work Proceeding Concerning Cessation of Work Said to Involve Workplace Health and Safety Rights / Hearing; Applicants Sought Leave to Discontinue the Application and Respondent Sought Leave to Discontinue Its Cross Claim

Legal Issues

  1. 1 ["Whether the applicants' cessation of work on 23 November 2012 involved a workplace right arising under the Work Health and Safety Act 2011 (Qld) or the Fair Work Act 2009 (Cth)." 'Whether the applicants should be granted leave to discontinue their application.' 'Whether the respondent should be granted leave to discontinue its cross-claim.' 'Whether any order as to costs should be made.']

Ratio Decidendi

Where the applicants sought leave to discontinue their application, the respondent sought leave to discontinue its cross-claim, and neither side sought costs, the appropriate disposition was to grant both discontinuances and make no order as to costs.

Court Disposition

Application and cross-claim discontinued by leave; no order as to costs.

Orders

  • ['Leave is granted for the applicants to discontinue their application.' 'Leave is granted for the respondent to discontinue its cross-claim.' 'No order as to costs.']