NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Shane Mitchell-Calvert v Yahoo Inc No. 2 [2001] NSWIRComm 162 APPLICANT: PARTIES : Shane Mitchell-Calvert RESPONDENT Yahoo Inc FILE NUMBER: IRC4135 of 1999 CORAM: Kavanagh J CATCHWORDS : As to costs - application by respondent for indemnity costs - consideration of the effect of Calderbank letter - costs within the discretion of the court in accordance with s181 - previous offer of compromise filed in accordance with IR Rules Part 23 r168 - question as to whether applicant's refusal to accept the offer was unreasonable - guidance from IR Rules Part 27 r216 - Order given in the interest of justice for applicant's costs up to the date of Calderbank letter on party/party basis LEGISLATION CITED : Industrial Relations Act 1996 Multicon Engineering Pty Ltd v Federal Airports Corporation 138 ALR 425 CASES CITED : Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Messiter v Hutchinson (1987) 10 NSWLR 525 HEARING DATES: 07/10/2001 EXTEMPORE JUDGMENT DATE : 07/13/2001
APPLICANT: Mr I.M. Neil of counsel SOLICITORS: Haywards Ms P. Costigan LEGAL REPRESENTATIVES: RESPONDENT: Mr R.A. Dick of counsel SOLICITORS: Phillips Fox Ms D.M. Healy
JUDGMENT: - 9 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: KAVANAGH J Date: Friday 13 July 2001
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