D & R Commercial Pty Ltd and Flood (No 2) [2003] NSWIRComm 237

Industrial Relations Commission of New South Wales

CITATION : D & R Commercial Pty Ltd and Flood (No 2) [2003] NSWIRComm 237 APPELLANT D & R Commercial Pty Ltd PARTIES : RESPONDENT Kathleen Margaret Flood FILE NUMBER: IRC 3169 of 2001 CORAM: Wright J President; Walton J Vice-President; Tabbaa C Practice and procedure - Costs - Appeal - Unfair dismissal - Appellant partially successful in unfair dismissal appeal - Leave to appeal granted - Appeal upheld in part - Whether costs order to be made in favour of respondent employee - Whether "gateway" to costs order opened - Resulting discretion - Exercise of discretion - No costs order made.

Costs - Practice and procedure - Appeal - Unfair dismissal - Appellant partially successful in unfair dismissal appeal - Leave to appeal granted - Appeal upheld in part - Whether costs order to be made in favour of respondent employee - Whether "gateway" to costs order opened - Resulting discretion - Exercise of discretion - No costs order made. CATCHWORDS : Appeal - Practice and procedure - Costs - Unfair dismissal - Appellant partially successful in unfair dismissal appeal - Leave to appeal granted - Appeal upheld in part - Whether costs order to be made in favour of respondent employee - Whether "gateway" to costs order opened - Resulting discretion - Exercise of discretion - No costs order made.

Unfair dismissal - Practice and procedure - Costs - Appeal - Appellant partially successful in unfair dismissal appeal - Leave to appeal granted - Appeal upheld in part - Whether costs order to be made in favour of respondent employee - Whether "gateway" to costs order opened - Resulting discretion - Exercise of discretion - No costs order made. Industrial Relations Act 1996 s 89 s 181 LEGISLATION CITED : Industrial Relations Commission Rules 1996 rule 213 Suitors' Fund Act 1951 s 6