Poulos, Peter Anthony v Waltons Stores (Interstate) Ltd [1986] FCA 430

Poulos, Peter Anthony v Waltons Stores (Interstate) Ltd [1986] FCA 430

The majority held that both the proceeding at first instance and on appeal were in a matter arising under the Conciliation and Arbitration Act 1904; thus, s.197A precluded the making of any order for costs in favour of the appellant.

Parties
Appellant: Peter Anthony Poulos; Respondent: Waltons Stores (Interstate) Limited
Jurisdiction
Australia
Judgment Date
26 September 1986
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court
Outcome
No order as to costs.
Legal Topics
Costs, Recovery of Wages, Conciliation and Arbitration Act 1904, Industrial Awards, Common Rule Declaration
Industrial Law Costs Recovery of Wages Conciliation and Arbitration Act 1904 Industrial Awards Common Rule Declaration

Case Brief

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Parties

Peter Anthony Poulos

Appellant

Waltons Stores (Interstate) Limited

Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether costs are recoverable by a successful litigant in proceedings under the Conciliation and Arbitration Act 1904
  2. 2 Whether such an action is a proceeding 'in a matter arising under this Act' within s.197A

Ratio Decidendi

The majority held that both the proceeding at first instance and on appeal were in a matter arising under the Conciliation and Arbitration Act 1904; thus, s.197A precluded the making of any order for costs in favour of the appellant.

Court Disposition

No order as to costs.

Orders

  • There be no order as to costs.