Commonwealth of Australia v Construction, Forestry, Mining and Energy Union [2003] FCAFC 115

Commonwealth of Australia v Construction, Forestry, Mining and Energy Union [2003] FCAFC 115

Section 347(1) operates to preclude any order for costs in the proceedings concerning the claim of public interest immunity, as these proceedings were interlocutory steps taken in the principal proceeding under the Act, and no party acted vexatiously or without reasonable cause.

Jurisdiction
Australia
Judgment Date
01 May 2003
Procedural Posture
Appeal / Judgment as to Costs Following Appeal From a Single Judge of the Federal Court
Outcome
No order as to costs; prior provisional costs order set aside.
Legal Topics
['costs' 'public Interest Immunity' 'discovery and Inspection of Documents']
['employment Law' 'industrial Law' 'civil Procedure'] ['costs' 'public Interest Immunity' 'discovery and Inspection of Documents']

Case Brief

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Procedural Posture

Appeal / Judgment as to Costs Following Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 ['Whether s 347(1) of the Workplace Relations Act 1996 (Cth) precludes a cost order in respect of an interlocutory appeal regarding public interest immunity in proceedings under the Act']

Ratio Decidendi

Section 347(1) operates to preclude any order for costs in the proceedings concerning the claim of public interest immunity, as these proceedings were interlocutory steps taken in the principal proceeding under the Act, and no party acted vexatiously or without reasonable cause.

Court Disposition

No order as to costs; prior provisional costs order set aside.

Orders

  • ['The order for costs provisionally made in favour of the appellant be set aside.' "There be no order for costs, either in respect of the appellant's application before Marshall J or of the appeal."]