FEDERAL COURT OF AUSTRALIA

BHP Steel (AIS) Pty Ltd v CFMEU

BHP STEEL (AIS) PTY LTD and OTHERS v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and OTHERS

Q 9 OF 2000

KIEFEL J

2 JUNE 2000

BRISBANE

THE COURT ORDERS THAT:

1.                  The third respondent’s application for costs be dismissed.

2.                  The third respondent pay the first, second and third applicants’ costs of the proceedings today.

3.                  Costs to be taxed, if not agreed.

REASONS FOR JUDGMENT

EX TEMPORE

1                     What here occurred was the incursion of a small amount of costs, firstly in connection with injunction proceedings brought under the Workplace Relations Act 1996 (Cth), and then with respect to threatened proceedings for contempt.  The proceedings did not eventuate as against the third respondent, and I accept the submissions for the applicant that, regardless of how widely one views the term “proceedings”, and whether it encompasses steps taken in anticipation of litigation which later ensues, even collaterally, a following proceeding is necessary to attract an order for costs. 

2                     I add that if an order for costs were available, I would not be minded, on the material before me, to make such order.  The third respondent was in attendance in Court on 9 February 2000, on the adjourned hearing of an injunction, and its attendance was necessary in any event.  The steps taken afterwards, so far as they are disclosed, would appear to me to be minor.  If it took additional steps to obtain advices, I would still not think that those steps would warrant the bringing of an application for costs.  The only substantial costs that I can see have been incurred are those in connection with the bringing of this application. 

3                     The application for costs is refused.  I order the third respondent pay the first, second and third applicants’ costs of the proceedings today.  Costs to be taxed, failing agreement.

Associate:

Dated:              2 June 2000