Dr Payne v The University of Sydney & Anor [2000] NSWIRComm 158

Industrial Relations Commission of New South Wales in Court Session

CITATION : Dr Payne v The University of Sydney & Anor [2000] NSWIRComm 158 APPLICANT: Dr John Ernest Payne

PARTIES : FIRST RESPONDENT: The University of Sydney

SECOND RESPONDENT: Central Sydney Area Health Service FILE NUMBER: 4798 of 1997 CORAM: Schmidt J CATCHWORDS : Unfair Contract - further judgment re costs - costs order opposed - claim for indemnity costs order - claim for set off - costs on a party/party basis except as to one day of hearing - questions of set off should not be dealt with by order of the Court in these proceedings CASES CITED : AMP & Anor v Avis & Anor, Avis & Anor v AMP & Anor (unreported, Bauer, Peterson and Marks JJ, 18 December 1997) Anderson v Boner (1993) 52 IR 114 HEARING DATES: 05/25/2000 DATE OF JUDGMENT: 08/22/2000

APPLICANT: Mr Robert Wynn Jones, Solicitor SOLICITORS: Bradfield & Scott Solictors LEGAL REPRESENTATIVES: RESPONDENTS: Mr Andrew Cunningham, Solicitor SOLICITORS: Minter Ellison Lawyers

JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J

DATE: 22 August 2000

MATTER NUMBER 4798 OF 1997 DR JOHN ERNEST PAYNE v THE UNIVERSITY OF SYDNEY & ANOR Application under s106 of the Industrial Relations Act 1996 JUDGMENT RE COSTS 1 Judgment in this matter was given on 5 July 2000. On p31, I observed: The final question is costs. The usual order would be that Dr Payne be required to bear the respondents' costs, as agreed or assessed. In the event that the parties are unable to agree on the question of costs, they have liberty to file any submissions which they wish to put as to costs, within 14 days of the date of this judgment. If that liberty is not exercised, the proceedings will conclude, without further order.