NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Eddy James Candido and L & M Scott Haulage Pty Ltd No. 2 [2003] NSWIRComm 248 PARTIES : Eddy James Candido L & M Scott Haulage Pty Ltd FILE NUMBER: 1242 of 2000 CORAM: Grayson DP Notice of Motion Application for costs against successful worker Allegation of unreasonable failure to settle CATCHWORDS : Held, allegation not made out Primacy not given in such considerations to mechanical comparison between amount offered and amount ultimately awarded Question whether person acts unreasonably in failing to settle to be judged in light of all known circumstances Application dismissed LEGISLATION CITED : Industrial Relations Act 1996 Calderbank v Calderbank (1975) 3 All ER 333 Bankstown City Council v Paris (1999) 93 IR 209 CASES CITED : Copperart v Martin (1996) 68 IR 58 Blagojevch v Australian Industrial Relations Commission (2000) 98 IR 32 Krajewska v University of Adelaide No. 2 (1993) 50 IR 63 HEARING DATES: 03/14/2001; 04/17/2001; 07/16/2003 DATE OF JUDGMENT: 08/08/2003
Chricton Brown Crossley (Mr K Gourlie, solicitor) LEGAL REPRESENTATIVES: Mr D Allen of counsel instructed by Hancocks (Mr J Hancock, solicitor)
JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Coram: Grayson DP
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