Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCA 59

Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCA 59

The Chamber's identified interests fell only within the third Roadshow Films category, so no right to intervene was established. Leave to intervene was refused because the Chamber had not shown it would advance a sufficiently different argument from the represented parties to be of particular assistance to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Application for Leave to Intervene in Fair Work Division Proceedings / Interlocutory Application to Intervene
Outcome
Interlocutory application to intervene dismissed with costs.
Legal Topics
['leave to Intervene' 'construction of S 90 of the Fair Work Act 2009 (cth)' 'costs of Unsuccessful Intervention Application']
['fair Work' 'civil Procedure'] ['leave to Intervene' 'construction of S 90 of the Fair Work Act 2009 (cth)' 'costs of Unsuccessful Intervention Application']

Source-derived case record

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Procedural Posture

Application for Leave to Intervene in Fair Work Division Proceedings / Interlocutory Application to Intervene

Legal Issues

  1. 1 ['Whether the Australian Chamber of Commerce and Industry had a right to intervene or should be granted leave to intervene to make submissions about the proper construction of s 90 of the Fair Work Act 2009 (Cth).' "Whether the unsuccessful applicant for leave to intervene should pay the parties' costs occasioned by the application."]

Ratio Decidendi

The Chamber's identified interests fell only within the third Roadshow Films category, so no right to intervene was established. Leave to intervene was refused because the Chamber had not shown it would advance a sufficiently different argument from the represented parties to be of particular assistance to the Court. As the Chamber had no protection from costs and there was no basis to withhold costs on ordinary principles, costs followed the result.

Court Disposition

Interlocutory application to intervene dismissed with costs.

Orders

  • ['The interlocutory application to intervene filed 22 December 2014 be dismissed with costs.' 'The applicant for leave to intervene pay the costs of each of the parties occasioned by the application.']