NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Wilkinson v Birdon Group (No 2) [2005] NSWIRComm 224
Amy Wilkinson PARTIES: Birdon Group
FILE NUMBER(S): IRC 2917 of 2004
CORAM: Harrison DP
Application for costs - Failure by respondent to objectively consider strengths and limits of case - minimal offers by respondent unrealistic and unreasonable CATCHWORDS: Held - minimal offers of settlement intimidating, inconsistent with intention to settle on any reasonable basis - costs ordered against respondent
LEGISLATION CITED: Industrial Relations Act 1996
Luke v Handicapped Children's Centre (IRC 2586 of 1993, 4 May 1994, Connor C unreported) Whitmore v Woolworths Australia Ltd [2004] NSWIRComm 1099 Copperart Pty Ltd v Martin (1996) 68 IR 58 CASES CITED: Bankstown City Council v Paris (1999) 93 IR 209 Youssef v Western Sydney Health Service (No 3) (2004) 133 IR 210 Weisser v Spur Group Pty Limited [2003] NSWIRComm 79
HEARING DATES: 02/16/2005
DATE OF JUDGMENT: 06/30/2005
APPLICANT Mr K Byrnes Byrnes Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr J Kay Stacks The Law Firm
JUDGMENT:
- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP
Thursday, 30 June 2005
Matter No IRC 2917 of 2004
AMY WILKINSON AND BIRDON GROUP
Application re unfair dismissal pursuant to section 84 of Industrial Relations Act 1996
DECISION RE COSTS
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