McIlwain v Ramsey Food Packaging Pty Ltd (No. 2) [2006] FCA 907

McIlwain v Ramsey Food Packaging Pty Ltd (No. 2) [2006] FCA 907

The prohibition in s 347 of the Workplace Relations Act does not prevent an order for costs in favour of a non-party who successfully resisted an application, and in any event the application against Northern Co-operative Meat Company Limited was made without reasonable cause, entitling them to costs.

Parties
Applicant: Peter Leslie McIlwain; First Respondent: Ramsey Food Packaging Pty Ltd; Second Respondent: Ramsey Food Packaging No. 2 Pty Ltd; Third Respondent: Ramsey Butchering Services Pty Ltd; Fourth Respondent: Ramsey Food Services Pty Ltd; Non Party: Northern Co-operative Meat Company Limited; Interested Party: Australian Meat Industry Employees' Union; Interested Party: Newcastle and Northern Branch of the Australasian Meat Industry Employees' Union; Interested Party: Kathleen Evans; Interested Party: Paul Brown
Jurisdiction
Australia
Judgment Date
14 July 2006
Procedural Posture
Interlocutory Application for Costs / Post Hearing Judgment
Outcome
Costs order granted in favour of Northern Co-operative Meat Company Limited; respondents to pay costs.
Legal Topics
Costs, Non Party Costs, Workplace Relations Act Immunity
Employment Law Civil Procedure Costs Non Party Costs Workplace Relations Act Immunity

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Parties

Peter Leslie McIlwain

Applicant

Ramsey Food Packaging Pty Ltd

First Respondent

Ramsey Food Packaging No. 2 Pty Ltd

Second Respondent

Ramsey Butchering Services Pty Ltd

Third Respondent

Ramsey Food Services Pty Ltd

Fourth Respondent

Northern Co-operative Meat Company Limited

Non Party

Australian Meat Industry Employees' Union

Interested Party

Newcastle and Northern Branch of the Australasian Meat Industry Employees' Union

Interested Party

Kathleen Evans

Interested Party

Paul Brown

Interested Party

Procedural Posture

Interlocutory Application for Costs / Post Hearing Judgment

Legal Issues

  1. 1 Whether s 347 of the Workplace Relations Act prohibits a costs order against party applicants in an application involving a non-party; whether the notice of motion is a proceeding in a matter arising under the Act; whether the application against Northern Co-operative Meat Company Limited was instituted without reasonable cause.

Ratio Decidendi

The prohibition in s 347 of the Workplace Relations Act does not prevent an order for costs in favour of a non-party who successfully resisted an application, and in any event the application against Northern Co-operative Meat Company Limited was made without reasonable cause, entitling them to costs.

Court Disposition

Costs order granted in favour of Northern Co-operative Meat Company Limited; respondents to pay costs.

Orders

  • The respondents pay the costs of Northern Co-operative Meat Company Limited of and incidental to the notice of motion heard on 16 August 2005 by which the respondents sought leave to issue a subpoena addressed to Northern Co-operative Meat Company Limited.