BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2001] FCA 336

BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2001] FCA 336

The respondent's deliberate and wilful contempt of the Court's order, including officers' efforts to subvert compliance and the seriousness of their actions, necessitated a significant penalty to vindicate the Court's authority and deter similar conduct. The Court also has power to set aside its own costs orders entered in error where both parties consent, enabling indemnity costs to be awarded given the circumstances.

Parties
Applicant: BHP Steel (AIS) Pty Ltd; Respondent: Construction, Forestry, Mining and Energy Union
Jurisdiction
Australia
Judgment Date
30 March 2001
Procedural Posture
Civil / Penalty and Costs Determination Following Finding of Contempt
Outcome
Respondent fined for contempt and order for indemnity costs in favour of applicant; previous costs orders set aside or vacated.
Legal Topics
Contempt of Court, Penalty Assessment, Indemnity Costs, Setting Aside Orders
Employment Law Industrial Law Civil Procedure Contempt of Court Penalty Assessment Indemnity Costs Setting Aside Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BHP Steel (AIS) Pty Ltd

Applicant

Construction, Forestry, Mining and Energy Union

Respondent

Procedural Posture

Civil / Penalty and Costs Determination Following Finding of Contempt

Legal Issues

  1. 1 What is the appropriate penalty for the respondent's contempt of court?
  2. 2 Whether an order for costs can be set aside after entry and replaced with an indemnity costs order.

Ratio Decidendi

The respondent's deliberate and wilful contempt of the Court's order, including officers' efforts to subvert compliance and the seriousness of their actions, necessitated a significant penalty to vindicate the Court's authority and deter similar conduct. The Court also has power to set aside its own costs orders entered in error where both parties consent, enabling indemnity costs to be awarded given the circumstances.

Court Disposition

Respondent fined for contempt and order for indemnity costs in favour of applicant; previous costs orders set aside or vacated.

Orders

  • The respondent is fined the sum of $200,000 for its contempt of Court.
  • The order entered on 8 February 2001, so far as it concerns costs, is set aside.