FEDERAL COURT OF AUSTRALIA
Spalding v Can’t Tear ‘Em Pty Ltd [1999] FCA 532
ANGELITA SPALDING v CAN'T TEAR 'EM PTY LTD
QG 96 OF 1998
KIEFEL J
BRISBANE
4 MAY 1999
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IN THE FEDERAL COURT OF AUSTRALIA |
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QG 96 OF 1998 |
ON APPEAL FROM A DECISION OF AN INDUSTRIAL MAGISTRATE
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BETWEEN: |
ANGELITA SPALDING Appellant
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AND: |
CAN'T TEAR 'EM PTY LTD Respondent
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The order for costs made by the Industrial Magistrate be set aside.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QG 96 OF 1998 |
ON APPEAL FROM A DECISION OF AN INDUSTRIAL MAGISTRATE
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BETWEEN: |
Appellant
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AND: |
Respondent
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
(COSTS)
1 A submission seeking the costs of this appeal was not pressed. I had indicated my view that whilst unsuccessful these proceedings could not be characterised as frivolous or vexatious. Consistent with that view there should not have been an order for costs made by the Industrial Magistrate. There will be a further order that the order for costs made by the Industrial Magistrate be set aside.
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I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Kiefel. |
Associate:
Dated: 4 May 1999
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Counsel for the Appellant: |
Mr S Howells |
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Solicitor for the Appellant: |
Nall Payne |
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Counsel for the Respondent: |
Mr A Herbert |
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Solicitor for the Respondent: |
Dillons |
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Date of Hearing: |
15 February 1999 |
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Date of Judgment: |
14 April 1999 |
