Ters v Health Secretary in respect of the South Western Sydney Local Health District (No 2) [2023] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Ters v Health Secretary in respect of the South Western Sydney Local Health District (No 2) [2023] NSWIRComm 1023 Hearing dates: Determined on the papers Date of orders: 27 March 2023 Decision date: 27 March 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: The Application for Costs is dismissed. Catchwords: COSTS – Party/Party – Appeals – leave to appeal granted and appeal upheld – notice of motion upheld in the proceedings below dismissed – application for costs on the appeal – principles to apply – whether notice of motion was frivolous or vexatious or instituted without reasonable cause Legislation Cited: Industrial Relations Act 1996 s 181, Ch 5 Pt 1, ss 210, 213 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Bankstown City Council v Paris (1999) 93 IR 209 Cross v Secretary of the Department of Education (No 2) [2022] NSWIRComm 1115 Dr A v Health District (No 4) [2014] NSWIRComm 56 Elias v Commissioner of Police (No 2) [2019] NSWIRComm 1049 Margaritte Joanne Colefax v Secretary, Department of Education (No 4) [2019] NSWIRComm 1017 Peden v Lake Macquarie Refrigeration Pty Limited [2004] NSWIRComm 66 Ters v Health Secretary in respect of the South Western Sydney Local Health District [2023] NSWIRComm 1009 Ters v Secretary of the Ministry of Health in respect of South Western Sydney Local Health District [2022] NSWIRComm 1034 Texts Cited: Nil Category: Costs Parties: Mary Ters (Appellant) Health Secretary (Respondent) Representation: Counsel: A Britt (Respondent) Solicitors: Kennedys (Australasia) (Appellant) Kingston Reid (Respondent) File Number(s): 2022/00145925 Publication restriction: No