Roberts, J.T. v Murlar Pty Ltd & Ors [1986] FCA 414

Roberts, J.T. v Murlar Pty Ltd & Ors [1986] FCA 414

The applicant's claims for relief under s.45E of the Trade Practices Act are dismissed. The applicant must pay the respondents' costs, except for costs of interlocutory hearings not reserved/made costs in proceedings and the hearing before Jackson J on 28 July 1986, where the applicant's costs are to be paid by the second and third respondents.

Parties
Applicant: John Thomas Roberts; First Respondent: Murlar Pty. Limited; Second Respondent: The Building Worker's Industrial Union of Australia; Third Respondent: Mario Alberici; Fourth Respondent: Lew Zivanovic
Jurisdiction
Australia
Judgment Date
09 April 1986
Procedural Posture
Civil / Final Judgment and Costs Determination
Outcome
Applicant's claims dismissed. Costs orders as specified.
Legal Topics
Section 45 E Trade Practices Act, Costs, Interlocutory Proceedings
Trade Practices Section 45 E Trade Practices Act Costs Interlocutory Proceedings

Case Brief

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Parties

John Thomas Roberts

Applicant

Murlar Pty. Limited

First Respondent

The Building Worker's Industrial Union of Australia

Second Respondent

Mario Alberici

Third Respondent

Lew Zivanovic

Fourth Respondent

Procedural Posture

Civil / Final Judgment and Costs Determination

Legal Issues

  1. 1 Whether the applicant is entitled to relief under s.45E of the Trade Practices Act
  2. 2 How costs should be allocated among the parties for the main and interlocutory hearings

Ratio Decidendi

The applicant's claims for relief under s.45E of the Trade Practices Act are dismissed. The applicant must pay the respondents' costs, except for costs of interlocutory hearings not reserved/made costs in proceedings and the hearing before Jackson J on 28 July 1986, where the applicant's costs are to be paid by the second and third respondents.

Court Disposition

Applicant's claims dismissed. Costs orders as specified.

Orders

  • The costs of and incidental to all the proceedings be taxed and paid by the applicant to the respondents, with the exceptions outlined below.
  • No order for the costs of any interlocutory hearings not reserved or made costs in the proceedings.