HAZEL LANG AND REID AND VASELY Application by Hazel Lang re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 - Application by Reid and Vasely for an order as to costs [2000] NSWIRComm 23

Industrial Relations Commission of New South Wales

CITATION : HAZEL LANG AND REID AND VASELY Application by Hazel Lang re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 - Application by Reid and Vasely for an order as to costs [2000] NSWIRComm 23 PARTIES : Hazel Lang Reid and Vasely FILE NUMBER: 1400 of 1999 CORAM: Sams DP Notice of motion as to costs - whether original application frivolous or vexatious - whether application instituted without reasonable cause - costs sought on an indemnity basis - s181(2)(c) of the Act - application dealt with ex parte - conduct of proceedings - general principles. CATCHWORDS : Held, applicant's behaviour "curious" - failure to comply with directions - original application frivolous and vexatious - costs not appropriate in conciliation proceedings - indemnity costs rejected - costs ordered. LEGISLATION CITED : Industrial Relations Act 1996 Heidt v Chrysler Australia (1976) 26 FLR 257 at 274 General Steel Inc v Commisioner for Railways (NSW) and Others (1964) 112 CLR 125 at 129 CASES CITED : Spanish Club v Australian Liquor, Hospitality & Miscellaneous Workers Union, New South Wales Branch (1999) 87 IR 294 Burton v Shire of Bairnsdale (1909) 7 CLR 76 at 92 Bankstown City Council v Paris (unreported Wright P, Peterson J, Bishop C, Decision as to Costs in Matter IRC262 of 1999, 17 December 1999) HEARING DATES: 11/08/1999; 11/30/1999; 02/29/2000 DATE OF JUDGMENT: 03/16/2000

APPLICANT Ex Parte RESPONDENT LEGAL REPRESENTATIVES: Mr N McNulty Solicitor Tress Cocks & Maddox