Shannongrove Pty Ltd and William Allan Cousins [2005] NSWIRComm 258

Industrial Relations Commission of New South Wales in Court Session

CITATION: Shannongrove Pty Ltd and William Allan Cousins [2005] NSWIRComm 258

Appellant: Shannongrove Pty Ltd PARTIES: Respondent: William Allan Cousins

FILE NUMBER(S): IRC5044 of 2004

CORAM: Kavanagh J

CATCHWORDS: Unfair dismissal - Application for costs - orders

LEGISLATION CITED: Industrial Relations Act 1996 s181(2)(c)

Bankstown City Council v Paris (1999) 93 IR 209 CASES CITED: Orange Community Accommodation Service Incorporated and Carolyn Vivienne Roddenby [2004] NSWIRComm 333

HEARING DATES: 07/20/2005 EXTEMPORE JUDGMENT DATE: 07/20/2005

Appellant: Solicitors: Mr C. Bryett LEGAL REPRESENTATIVES: Bamford Associates

Respondent in person with Mrs C. Cousins

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Kavanagh J 20 July 2005

Matter No IRC IRC5044 of 2004 SHANNONGROVE PTY LTD & WILLIAM ALLAN COUSINS Application by Shannongrove Pty Ltd to extend time to appeal and appeal against a decision of O'Neil C given on 27 July 2004 in Matter No. IRC6394 of 2003

EX TEMPORE JUDGMENT RE COSTS (on delegation) [2005] NSWIRComm 258

1 Mrs Christine Cousins, with leave, appears on behalf of her husband, William Allan Cousins, who was an applicant in an unfair dismissal claim. He makes application for a costs order related to the primary hearing and appeal. Mr Cousins' unfair dismissal claim was heard by O'Neill C who ordered a payment to Mr Cousins in the sum of $18,000. The Order of the learned Commissioner was appealed. The Full Bench on 6 May 2005 ([2005] NSWIRComm 150) did not grant leave to appeal. The Full Bench has delegated to me this application for consideration. 2 Mr Cousins now seeks a costs order in the sum of $13,934. A break-up of the details of the application is for the sum of $5,849 for the industrial agent representing Mr Cousins before O'Neill C, costs incurred in an application for extension of time to appeal made before Staff J in the sum of $4521.77 and the costs of the appeal for solicitors in the sum of $1954.48 and for counsel in the sum of $1,608.75. 3 At issue is whether Mr Cousins has a right to costs.