Taudevin v Brambles [1995] IRCA 336

Taudevin v Brambles [1995] IRCA 336

It is not a clear or exceptional case justifying exercise of discretionary power to order costs against a third-party employee, as the failure to comply with orders was not contumacious and there was no serious dereliction of duty.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 August 1995
Procedural Posture
Application for Costs in Industrial Matter / Post Judgment Costs Application
Outcome
Application for costs is dismissed
Legal Topics
['costs Orders Against Third Parties' 'compliance With Court Orders' 'power to Award Costs' 'industrial Relations Act 1988 (cth) S347']
['industrial Law' 'costs'] ['costs Orders Against Third Parties' 'compliance With Court Orders' 'power to Award Costs' 'industrial Relations Act 1988 (cth) S347']

Source-derived case record

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Procedural Posture

Application for Costs in Industrial Matter / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether a costs order should be made against an employee (Mr Dietrich) of the respondent company for delays in compliance with court orders' 'Whether the court possesses and should exercise discretion to award costs against a non-party employee in industrial proceedings, given s347 of the Industrial Relations Act 1988 (Cth)']

Ratio Decidendi

It is not a clear or exceptional case justifying exercise of discretionary power to order costs against a third-party employee, as the failure to comply with orders was not contumacious and there was no serious dereliction of duty.

Court Disposition

Application for costs is dismissed

Orders

  • ['Application for costs is dismissed' 'No order as to costs']