NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Heather Alison Maciver v Hilton Nursing Home Pty Limited [2001] NSWIRComm 56 APPLICANT: Heather Alison Maciver PARTIES : RESPONDENT: Hilton Nursing Home Pty Limited FILE NUMBER: 513 and 1788 of 1997 CORAM: Schmidt J CATCHWORDS : Costs - s106 application - application by unsuccessful respondent for costs order against applicant - remitted appeal by Full Court - offer of compromise - Rules 166 and 216 of Court Rules - defect in notice of offer - correction of defect by order of Court - s170 of Industrial Relations Act 1996 and Rule 88 - offer of compromise considered in Calderbank basis - order in favour of respondents LEGISLATION CITED : Evidence Act 1995 Industrial Relations Act 1996 Calderbank v Calderbank [1976] Fam 93 Crampton v The Queen [2000] HCA 60 Melville v Tadros [1999] NSWCA 162 CASES CITED : McLean v Commonwealth (unreported, Sperling J, 22 August 1996) Oshlack v Richmond River Council (1998) 193 CLR 72 at 197 Skinner & Edwards (Builders) Pty Ltd v Australian Telecommunications Corporation (1992) 27 NSWLR 567 The Commonwealth of Australia v Verwayen (1990) 170 CLR 394 HEARING DATES: 03/22/2001 DATE OF JUDGMENT: 05/10/2001
APPLICANT: Mr R Moore of counsel SOLICITORS: Sharpe Partners (Formerly Moin & Associates) LEGAL REPRESENTATIVES: RESPONDENT: Mr A Moses of counsel SOLICITORS: Fishburn Watson O'Brien Solicitors
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