Favre v Commissioner of Police (No 2) [2024] NSWIRComm 1022

Industrial Relations Commission New South Wales Medium Neutral Citation: Favre v Commissioner of Police (No 2) [2024] NSWIRComm 1022 Hearing dates: 28 November 2023 Date of orders: 28 November 2023 Decision date: 15 April 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The application for costs under s 181 of the Industrial Relations Act 1996 is dismissed. Catchwords: COSTS – respondent applied for order for costs –application for reinstatement under s 181D of the Police Act 1990 not instituted without reasonable cause and was not frivolous nor vexatious – applicant did not unreasonably fail to agree to a settlement of the claim – the application for costs order refused. Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Cases Cited: Attorney General v Wentworth (1988) 14 NSWLR 481 Bankstown City Council v Paris (1999) 93 IR 209 Colefax v Secretary, Department of Education (No 4) [2019] NSWIRComm 1017 Favre v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1088 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298; 13 VR 435 Peden v Lake Macquarie Refrigeration Pty Ltd [2004] NSWIRComm 66 Phillips v Industrial Relations Commission (NSW) (2006) 154 IR 96 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services (No 9) [2014] NSWIRComm 31 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services (No 9) [2014] NSWIRComm 31 Southcombe v Commissioner of Police, NSW Police Force [2023] NSWIRComm 112 Welch v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1002 Texts Cited: NIL Category: Costs Parties: Luke Daniel Favre (applicant/cost respondent)