Spalding v Can't Tear ‘Em Pty Ltd

[1999] FCA 532

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 96 OF 1998

ON APPEAL FROM A DECISION OF AN INDUSTRIAL MAGISTRATE

BETWEEN:	ANGELITA SPALDING Appellant
AND:	CAN'T TEAR 'EM PTY LTD Respondent
JUDGE:	KIEFEL J
DATE OF ORDER:	4 MAY 1999
WHERE MADE:	BRISBANE

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.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 96 OF 1998

ON APPEAL FROM A DECISION OF AN INDUSTRIAL MAGISTRATE

BETWEEN:	ANGELITA SPALDING Appellant
AND:	CAN'T TEAR 'EM PTY LTD Respondent

JUDGE:	KIEFEL J
DATE:	4 MAY 1999
PLACE:	BRISBANE

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.

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

Counsel for the Appellant:	Mr S Howells
Solicitor for the Appellant:	Nall Payne
Counsel for the Respondent:	Mr A Herbert
Solicitor for the Respondent:	Dillons
Date of Hearing:	15 February 1999
Date of Judgment:	14 April 1999