Flower Davies Wemco Pty Ltd v. Australian Builders Labourers Federated Union of Workers & Ors (W.A. Branch) [1988] FCA 44

Flower Davies Wemco Pty Ltd v. Australian Builders Labourers Federated Union of Workers & Ors (W.A. Branch) [1988] FCA 44

Because the interlocutory injunction effectively determined the outcome regarding restraint on respondents and the proceedings were resolved against the respondents, costs should follow the event and be paid by the respondents, except specific appearances excluded.

Parties
Applicant: Flower Davies Wemco Pty Limited; First Respondent: The Australian Builders Labourers Federated Union of Workers - WA Branch; Second Respondent: The Plumbers and Gasfitters' Employees Union of Australia; Third Respondent: The Federated Engine Drivers' and Firemen's Union
Jurisdiction
Australia
Judgment Date
03 February 1988
Procedural Posture
Application for Interlocutory Relief / Costs Order Following Grant of Interlocutory Injunction
Outcome
Respondents ordered to pay costs of interlocutory relief, subject to exceptions
Legal Topics
Interlocutory Injunctions, Costs of Interlocutory Proceedings
Labour Law Civil Procedure Interlocutory Injunctions Costs of Interlocutory Proceedings

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Parties

Flower Davies Wemco Pty Limited

Applicant

The Australian Builders Labourers Federated Union of Workers - WA Branch

First Respondent

The Plumbers and Gasfitters' Employees Union of Australia

Second Respondent

The Federated Engine Drivers' and Firemen's Union

Third Respondent

Procedural Posture

Application for Interlocutory Relief / Costs Order Following Grant of Interlocutory Injunction

Legal Issues

  1. 1 Whether the respondents should pay the costs of the claim for interlocutory relief

Ratio Decidendi

Because the interlocutory injunction effectively determined the outcome regarding restraint on respondents and the proceedings were resolved against the respondents, costs should follow the event and be paid by the respondents, except specific appearances excluded.

Court Disposition

Respondents ordered to pay costs of interlocutory relief, subject to exceptions

Orders

  • Respondents to pay costs of the claim for interlocutory relief save for the appearances on 27 November 1986 and the morning of 28 November 1986.
  • Costs are to be taxed forthwith and paid independently of the resolution of the substantive application.