Helkit Pty Ltd v The Building Workers Industrial Union of Australia [1987] FCA 494

Helkit Pty Ltd v The Building Workers Industrial Union of Australia [1987] FCA 494

Where litigation is resolved by consent without admissions or findings, and the substance of the entitlement to relief remains unproven, no order as to costs should be made.

Parties
Applicant: Helkit Pty. Limited; First Respondent: The Building Workers Industrial Union of Australia; Second Respondent: The Building Workers Industrial Union of Australia A.C.T. Branch; Third Respondent: Sam Scott
Jurisdiction
Australia
Judgment Date
11 September 1987
Procedural Posture
Application Under Section 45 D(1) of the Trade Practices Act 1974 for Injunctions / Post Hearing Judgment on Costs After Parties Reached Agreement and Gave Undertakings
Outcome
No order as to costs
Legal Topics
Section 45 D(1) Injunctions, Costs, Undertakings, Collective Boycotts
Trade Practices Industrial Law Section 45 D(1) Injunctions Costs Undertakings Collective Boycotts

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Parties

Helkit Pty. Limited

Applicant

The Building Workers Industrial Union of Australia

First Respondent

The Building Workers Industrial Union of Australia A.C.T. Branch

Second Respondent

Sam Scott

Third Respondent

Procedural Posture

Application Under Section 45 D(1) of the Trade Practices Act 1974 for Injunctions / Post Hearing Judgment on Costs After Parties Reached Agreement and Gave Undertakings

Legal Issues

  1. 1 Whether costs should be awarded where proceedings have concluded by consent and undertakings

Ratio Decidendi

Where litigation is resolved by consent without admissions or findings, and the substance of the entitlement to relief remains unproven, no order as to costs should be made.

Court Disposition

No order as to costs

Orders

  • No order as to costs in these proceedings