Shannongrove Pty Ltd and William Allan Cousins [2004] NSWIRComm 295 [2004] NSWIRComm 301

Industrial Relations Commission of New South Wales

CITATION : Shannongrove Pty Ltd and William Allan Cousins [2004] NSWIRComm 295 [2004] NSWIRComm 301 APPLICANT Shannongrove Pty Ltd PARTIES : RESPONDENT William Allan Cousins FILE NUMBER: IRC 5044 of 2004 CORAM: Staff J CATCHWORDS : Appeal - Application to extend time to appeal - Section 189 - Order for costs - Section 181(2)(c) - Costs order rescinded - Rule 151 Industrial Relations Commission Rules LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Shannongrove Pty Ltd and William Allan Cousins [2004] NSWIRComm 295 D & R Commercial Pty Ltd and Moses (No 3) (2002) 114 IR 307 HEARING DATES: DATE OF JUDGMENT: 10/11/2004

APPLICANT Mr A Gotting of counsel Solicitor: Mr C Bryett Bamford Associates

LEGAL REPRESENTATIVES:

RESPONDENT Ms J Webster of counsel Industrial Relations Consultant: Mr J Law John Law & Associates

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Coram: Staff J

11 October 2004 Matter No IRC 5044 of 2004

SHANNONGROVE PTY LTD AND WILLIAM ALLAN COUSINS

Application by Shannongrove Pty Ltd to extend time to appeal and appeal against a decision of Commissioner O'Neill given on 27 July 2004 in matter No IRC 6394 of 2003

JUDGMENT

[2004] NSWIRComm 301

1. On 1 October 2004, I made orders pursuant to s 189(1) of the Industrial Relations Act 1996 ("the Act") that the time for bringing an application for leave to appeal and appeal in this matter be extended so that the application meets the requirements of that section: Shannongrove Pty Ltd and William Allan Cousins [2004] NSWIRComm 295. 2. At the same time, I ordered that the applicant pay the costs of the respondent in respect of the application to extend time. 3. On 5 October 2004, correspondence was received from the solicitors for the applicant submitting that I was sitting as the Commission and not the Commission in Court Session, relying upon D & R Commercial Pty Ltd and Flood (No 2) (2002) 113 IR 344 and IGA Distribution Pty Ltd and Moses (No 3) (2002) 114 IR 307 and that therefore any jurisdiction to make orders for costs in this matter was restricted by s 181(2)(c) of the Act. 4. The solicitors for the applicant advised that the respondent was of the view that costs should be awarded. 5. On reviewing the matter, I am of the view that there is no basis to award costs. In order to do so, I would have been required to consider the jurisdictional gateway requirements found in s 181(2)(c) of the Act to which I have not heard submissions, nor given any consideration. 6. In these circumstances, I have now formed the view that this is not a matter in which costs should be awarded, on any basis, at this stage. 7. Accordingly, pursuant to r 151 of the Industrial Relations Commission Rules, I rescind the order for costs made on 1 October 2004 in this matter. Hence, there is no order as to costs.