Tyndall and Ibnix Limited [2001] NSWIRComm 111

Industrial Relations Commission of New South Wales

CITATION : Tyndall and Ibnix Limited [2001] NSWIRComm 111 APPLICANT PARTIES : Troy Patrick Tyndall RESPONDENT Ibnix Limited FILE NUMBER: 5243 of 2000 CORAM: Sams DP Costs in unfair dismissal proceedings - s181(2)(c) of the Act - unreasonable refusal to settle claim - conduct of the parties - discretion of Commission. CATCHWORDS : Held, respondent's conduct unreasonable - respondent refused to reasonably settle claim - costs ordered. LEGISLATION CITED : Industrial Relations Act 1996 Legal Profession Act 1987 Bankstown City Council v Paris, 93 IR 209 CASES CITED : Copperart v Martin, 68 IR 58 Blagojevch v Australian Industrial Relations Commission, 98 IR 32 HEARING DATES: 04/05/2001; 04/25/2001; 05/02/2001 DATE OF JUDGMENT: 05/25/2001

APPLICANT Mr E Peterson of Counsel Solicitor LEGAL REPRESENTATIVES: Mr M Corrigan RESPONDENT No appearance

JUDGMENT: - 10 - MINDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM : SAMS DP

25 May 2001

Matter IRC00/5243

TROY PATRICK TYNDALL AND IBNIX LIMITED

Application by Troy Patrick Tyndall re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION AS TO COSTS

1 In a decision published on 12 March 2001 the Commission, as presently constituted, reinstated the applicant, Mr Troy Tyndall, on certain terms to his former position employed by Ibnix Limited ("the respondent"). Relevantly, the decision ordered that any application for costs be filed within twenty-one days.