Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39
The primary judge correctly considered whether the three contraventions were a single course of conduct and determined they were distinct in time, place, and manner. The penalties imposed were within the permissible range and were not manifestly excessive. No appealable error was established.
- Parties
- Appellant: Construction, Forestry, Mining and Energy Union; Appellant: Robert (Bob) Mates; Respondent: Chris Cahill
- Jurisdiction
- Australia
- Judgment Date
- 18 May 2010
- Procedural Posture
- Sentencing Appeal / Final Judgment and Order
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Appeal, Pecuniary Penalties, Course of Conduct, Manifestly Excessive Penalties
Case Brief
Summary, issues, holding and outcome
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Parties
Construction, Forestry, Mining and Energy Union
Appellant
Robert (Bob) Mates
Appellant
Chris Cahill
Respondent
Procedural Posture
Sentencing Appeal / Final Judgment and Order
Legal Issues
- 1 Whether the contravening conduct constituted a single course of conduct under s 43 of the Building and Construction Industry Improvement Act 2005 (Cth)
- 2 Whether the penalties imposed were manifestly excessive
Ratio Decidendi
The primary judge correctly considered whether the three contraventions were a single course of conduct and determined they were distinct in time, place, and manner. The penalties imposed were within the permissible range and were not manifestly excessive. No appealable error was established.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The appellants pay the respondent's costs of and incidental to the appeal.
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