NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Four Sons Pty Limited v Sakchai Limsiripothong (No 2) [2000] NSWIRComm 131 APPELLANT PARTIES : Four Sons Pty Limited RESPONDENT Sakchai Limsiripothong FILE NUMBER: IRC 6337 of 1999 CORAM: Wright J President; Hungerford J; Cambridge C CATCHWORDS : Costs - Unfair dismissal - Appeal - Appeal dismissed - Application for costs of proceedings at first instance and on appeal - Test to apply - Need for parties to responsibly and carefully assess prospects of litigation - Offers of settlement - Response in a timely way - No realistic intention to make a settlement offer - Discretion to award costs - Orders made. LEGISLATION CITED : Industrial Relations Act 1996 s 181 Bankstown City Council v Paris (1999) 93 IR 209 CASES CITED : Department of Community Services v Bragg (No 2) [2000] NSWIRComm 28 Imogen Pty Ltd v Sangwin (1996) 70 IR 254 HEARING DATES: 04/26/2000 DATE OF JUDGMENT: 07/31/2000
APPELLANT Mr I M Neil of Counsel Peter R Murphy & Co, Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr D S Inverarity of Counsel Kingsford Legal Centre
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH
CORAM: WRIGHT J, President HUNGERFORD J CAMBRIDGE C
Monday 31 July 2000
Matter No. IRC 6337 of 1999
FOUR SONS PTY LIMITED v SAKCHAI LIMSIRIPOTHONG. Application for leave to appeal and appeal against a decision of Commissioner McKenna given on 11 November 1999 in Matter No. IRC 2806 of 1999.
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