Coulson, M. v. Gosford Meats Pty Ltd [1985] FCA 413

Coulson, M. v. Gosford Meats Pty Ltd [1985] FCA 413

The hearing had been specially fixed, did not proceed at the appointed time, and this was not attributable to neglect or default of the parties; therefore, each party should be granted a certificate pursuant to s. 10(3) of the Federal Proceedings (Costs) Act 1981.

Parties
Applicant: Maxwell Coulson; Respondent: Gosford Meats Pty. Limited
Jurisdiction
Australia
Judgment Date
27 June 1985
Procedural Posture
Application Under S. 119 of the Conciliation and Arbitration Act 1904 / Application for Costs Certificates Following Settlement and Withdrawal of Proceedings
Outcome
Leave granted to discontinue proceedings; costs certificates granted to both parties.
Legal Topics
Application Under S. 119 of the Conciliation and Arbitration Act 1904, Costs Certificates Under S. 10(3) Federal Proceedings (costs) Act 1981, Discontinuance of Hearing
Industrial Law Costs Application Under S. 119 of the Conciliation and Arbitration Act 1904 Costs Certificates Under S. 10(3) Federal Proceedings (costs) Act 1981 Discontinuance of Hearing

Case Brief

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Parties

Maxwell Coulson

Applicant

Gosford Meats Pty. Limited

Respondent

Procedural Posture

Application Under S. 119 of the Conciliation and Arbitration Act 1904 / Application for Costs Certificates Following Settlement and Withdrawal of Proceedings

Legal Issues

  1. 1 Whether the hearing was 'discontinued' within the meaning of s. 10(3) Federal Proceedings (Costs) Act 1981
  2. 2 Whether the discontinuance was attributable to the neglect, default, or improper act of any party

Ratio Decidendi

The hearing had been specially fixed, did not proceed at the appointed time, and this was not attributable to neglect or default of the parties; therefore, each party should be granted a certificate pursuant to s. 10(3) of the Federal Proceedings (Costs) Act 1981.

Court Disposition

Leave granted to discontinue proceedings; costs certificates granted to both parties.

Orders

  • Applicant granted leave to discontinue the proceedings; respondent will not seek costs regarding the discontinuance.
  • A certificate granted to each of the applicant and the respondent in respect of the fixing of the hearing for 26th November 1984, pursuant to s. 10(3) Federal Proceedings (Costs) Act 1981.