Australian and International Pilots Association v Qantas Airways Ltd (No 3)

The Australian and International Pilots Association sought to discontinue their proceedings against Qantas Airways Ltd. The nature of the dispute was related to employment conditions and practices, with the matter being heard in the Federal Court of Australia. The airline objected to the discontinuation, arguing that the pilots' union had unreasonably delayed the proceedings, which had resulted in significant costs to the airline. The court was required to decide whether the applicant should be granted leave to discontinue the proceeding and, if so, the appropriate orders in relation to costs.

The court considered the factors relevant to the exercise of its discretion to grant leave to discontinue, including the extent to which the applicant had delayed the proceedings, the reasons for the delay, and the effect of the delay on the respondent. The court also took into account the public interest in the efficient administration of justice and the potential impact of the delay on the respondent's ability to conduct its business. Ultimately, the court found that the applicant had unreasonably delayed the proceedings and that it was just and convenient for the applicant to be granted leave to discontinue. However, the court also found that the applicant should bear some of the costs associated with the delay, and made orders accordingly.