Marsh, Ralph Benson & Anor v Adamson, Robert McColl [1985] FCA 108

Marsh, Ralph Benson & Anor v Adamson, Robert McColl [1985] FCA 108

The appeal was instituted without reasonable cause within s.197A of the Conciliation and Arbitration Act 1904, so the appellants are ordered to pay the respondent Adamson’s costs. No order as to costs made in favour of the organisation because it was neither issuer nor recipient of subpoenas at issue.

Parties
Appellant: Ralph Benson Marsh; Appellant: Charles Bali; Respondent: Robert McColl Adamson; Organisation: Amalgamated Metals Foundry and Shipwrights' Union
Jurisdiction
Australia
Judgment Date
29 March 1985
Procedural Posture
Appeal (costs) / Decision on Costs After Appeal Held Incompetent
Outcome
Partially granted (costs for respondent Adamson only)
Legal Topics
Costs, Appeal Competence, Statutory Interpretation
Industrial Law Costs Appeal Competence Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Ralph Benson Marsh

Appellant

Charles Bali

Appellant

Robert McColl Adamson

Respondent

Amalgamated Metals Foundry and Shipwrights' Union

Organisation

Procedural Posture

Appeal (costs) / Decision on Costs After Appeal Held Incompetent

Legal Issues

  1. 1 Whether s.197A of the Conciliation and Arbitration Act 1904 prohibits a costs order against the appellants
  2. 2 Whether ‘reasonable cause’ for instituting appeal existed
  3. 3 Whether it was reasonable for the organisation, not having issued or received the subpoenas, to seek costs in the appeal

Ratio Decidendi

The appeal was instituted without reasonable cause within s.197A of the Conciliation and Arbitration Act 1904, so the appellants are ordered to pay the respondent Adamson’s costs. No order as to costs made in favour of the organisation because it was neither issuer nor recipient of subpoenas at issue.

Court Disposition

Partially granted (costs for respondent Adamson only)

Orders

  • As between the appellants and the organisation, the Amalgamated Metals Foundry and Shipwrights' Union, there is no order as to costs.
  • As between the appellants and the respondent Robert McColl Adamson, the appellants are ordered to pay that respondent's costs.