Edwards v Kingsmede Pty Ltd and anor [2004] NSWIRComm 154

Industrial Relations Commission of New South Wales in Court Session

CITATION : Edwards v Kingsmede Pty Ltd and anor [2004] NSWIRComm 154 APPLICANT Peter John Edwards

PARTIES : FIRST RESPONDENT Kingsmede Pty Ltd

SECOND RESPONDENT Pamiers Pty Ltd FILE NUMBER: 5621 of 2002 CORAM: Marks J LEGISLATION CITED : Industrial Relations Act 1996 s 106 Legal Profession Act 1987 CASES CITED : Mitchforce Pty Ltd v Industrial Relations Commission and ors [2003] NSWCA 151 Mitchforce Pty Ltd v Starkey (No 2) [2003] NSWIRComm 458 HEARING DATES: 06/02/2004 EXTEMPORE JUDGMENT DATE : 06/02/2004

APPLICANT Solicitor: Mr K Pringle Gordon and Johnstone Lawyers LEGAL REPRESENTATIVES: RESPONDENTS Solicitor: Mr P A Biber Phillip A Biber, Lawyer

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Wednesday 2 June 2004 Matter No IRC 5621 of 2002 PETER JOHN EDWARDS v KINGSMEDE PTY LTD AND ANOR Application under s 106 of the Industrial Relations Act 1996 EXTEMPORE JUDGMENT RE COSTS NSWIRComm 154

1 These proceedings concern the question of costs reserved by my judgment of 22 April last. The applicant commenced proceedings initially seeking relief under s106 of the Industrial Relations Act on 3 October 2002. Consequently the Mitchforce litigation resulted in these proceedings becoming untenable and outside the jurisdiction of this Court, as I held on 22 April last (Mitchforce Pty Ltd v Industrial Relations Commission and ors [2003] NSWCA 151; Mitchforce Pty Ltd v Starkey (No 2) [2003] NSWIRComm 458). After the Mitchforce decision in the Court of Appeal was handed down, the respondents' solicitors wrote to the applicant's solicitors suggesting that the applicant discontinue the proceedings. The applicant declined, leading to the filing of a notice of motion which, as I have said, was successful in having the summons struck out.