Homestyle Pty Ltd v The Western Australian Builders Labourers, Painters and Plasterers Union of Workers

Homestyle Pty Ltd applied to discontinue its action against the Western Australian Builders Labourers, Painters & Plasterers Union of Workers and Construction, Forestry, Mining and Energy Union (Construction Division). The application was made under Rule 23 of the Supreme Court Rules and the court was required to determine whether the plaintiff was entitled to an order that the defendants pay the plaintiff's costs of the action, including all reserved costs and costs of the application. The application was not opposed but the defendants opposed the plaintiff's application for costs. The plaintiff had obtained an interlocutory injunction against the defendants restraining them from entering the plaintiff's premises. The plaintiff's costs of the action were awarded to the plaintiff subject to the plaintiff paying the defendants' costs of two appearances before a master. The application for leave to discontinue was allowed and the defendants were ordered to pay the plaintiff's costs of the action and of the application to discontinue.