Frost v The Speaker of the Legislative Assembly of New South Wales (No 2) [2001] NSWIRComm 14

Industrial Relations Commission of New South Wales in Court Session

CITATION : Frost v The Speaker of the Legislative Assembly of New South Wales (No 2) [2001] NSWIRComm 14 APPLICANT Kristine Frost

PARTIES : RESPONDENT The Speaker of the Legislative Assembly of New South Wales

INTERVENER Peter Richard Nagle FILE NUMBER: IRC 650 of 1999 CORAM: Hungerford J Costs - Notice of motion by a third party to intervene in substantive proceedings - Notice of motion by applicant in substantive proceedings for intervention to be disallowed, with costs - Notice of discontinuance of intervention application, with no order as to costs - Whether discontinuing party should pay the costs of the motions - No consideration of the merits of the intervention - Argument restricted to question of costs - Purpose of a costs order - Principles on which order for costs made where merits of intervention not dealt with - Conduct of third party in seeking intervention and persisting with it until discontinuance - Limited costs order made in favour of party against whom discontinued claim was made. CATCHWORDS : Practice and Procedure - Notice of discontinuance of motion by a third party for intervention in proceedings - Hearing of intervention application not begun - Whether "discontinuance" or "withdrawal" - Circumstances of discontinuance - Implications for costs order - Costs rules - Limited costs order made. LEGISLATION CITED : Industrial Relations Act 1996 s 105 s106 s 181 Industrial Relations Commission Rules 1996 r 12(3) r 68 r 138 r 139 r 140 r 141 r 215 Anderson v Boner [1993] 52 IR 114 Baltic Shipping Co v Dillon "Mikhail Lermonotov" (1991) 22 NSWLR 1 Boner v Anderson (No 2) [1993] 50 IR 470 Degmam Pty Ltd (In Liq) v Wright (No 2) [1983] 2 NSWLR 354 CASES CITED : Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 Laguillo v Haden Engineering Pty Ltd [1978] 1 NSWLR 306 Latoudis v Casey (1990) 170 CLR 534 Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia, ex parte Lai Qin (1997) 186 CLR 622 Singleton v Macquarie Broadcasting Holdings Ltd (1991) 24 NSWLR 103 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 HEARING DATES: 01/31/2001 DATE OF JUDGMENT: 02/23/2001