Inspector Lance Taylor v Fletcher International Exports Pty Ltd (No 2) [2001] NSWIRComm 228

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Lance Taylor v Fletcher International Exports Pty Ltd (No 2) [2001] NSWIRComm 228 PROSECUTOR: PARTIES : Inspector Lance Taylor DEFENDANT: Fletcher International Exports Pty Ltd FILE NUMBER: IRC2012-2016 of 2000 CORAM: Kavanagh J CATCHWORDS : Application for costs on an indemnity basis following No Case to Answer decision - effect of s14 of Supreme Court (Summary Jurisdiction) Act 1997 with s168 of Industrial Relations Act 1996 - requirement for court to hear evidence as to final costs orders - requirement for court to determine a quantified order as to costs - Court may seek assistance of Registrar who may tax a bill to provide court with assistance in its determination - Court must give reasons for specific Order as to costs Occupational Health and Safety Act 1983 Land and Environment Court Act 1979 LEGISLATION CITED : Industrial Relations Act 1996 Supreme Court (Summary Jurisdiction) Act 1997

WorkCover Authority (NSW) v J L Lennard Foods Equipment (No2) (1999) 92 IR 111 Norbis v Norbis (1986) 161 CLR 513 CASES CITED : Latoudis v Casey (1990) 170 CLR 534 Rosniak v Government Insurance Office 41 NSWLR 608

HEARING DATES: 08/29/2001 EXTEMPORE JUDGMENT DATE : 08/29/2001

PROSECUTOR: Solicitors: Mr T. Plummer Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr R. Reitano of counsel Solicitors: Mr P. Macken Leigh Virtue & Associates