Pascale Bourot v New South Wales Department of Public Works and Services & Anor [2004] NSWIRComm 72

Industrial Relations Commission of New South Wales in Court Session

CITATION : Pascale Bourot v New South Wales Department of Public Works and Services & Anor [2004] NSWIRComm 72 APPELLANT: Pascale Bourot

PARTIES : FIRST RESPONDENT: NSW Department of Public Works and Services

SECOND RESPONDENT: Central Sydney Area Health Service FILE NUMBER: IRC 5152 of 2002 CORAM: Schmidt J at 1; Haylen J at 40; Curtis AJ at 1 Appeal - costs - no appearance for appellant - adjournment application - indefinite stay refused - natural justice - usual order as to costs - departure from usual order refused - question of time of payment considered - orders in favour of respondents made (per Schmidt J and Curtis AJ) CATCHWORDS : Costs - s181(1) Industrial Relations Act 1996 - broad nature of discretion - need to consider statutory context within which cost discretion exercised - industrial nature of relief sought - relevance of financial circumstances of failed party - justice of case requires costs to be costs in the cause (per Haylen J)

Industrial Relations Act 1996 s 181(1) Occupational Health and Safety Act 1983 Protected Disclosures Act 1994 LEGISLATION CITED : Land and Environment Court Act s 69 Industrial Relations Commission Rules Pt 27 r 211 Supreme Court Act s 76

Allesch v Maunz (2000) 203 CLR 172 Bank America Finance Ltd v Nock (1988) 1 AC at 11012 Commissioner for Children and Young People v "A" (No 2) [2004] NSWIRComm 8 Hagan v Waterhouse (No 2) (1992) 34 NSW 400, Health and Research Employees Association of New South Wales v Baptist Community Services NSW and ACT (2002) 122 IR 178 June Morgan v The New South Wales Department of Education and Training (Wright P, IRC 2002/685, unreported, 9 March 2004) Latoudis v Casey (1990) 170 CLR 534 CASES CITED : Mayer v Harte [1960] 1 WLR 770 Milpurrurra v Indofurn Pty Ltd (unreported Federal Court of Australia dated 27 May 1997) Norbis v Norbis (1986) 161 CLR 513 at 537 Orellana-Fuentes v Standard Knitting Mills Pty Ltd and anor (2003) 57 NSWLR 282 Oshlack v Richmond River Council (1998) 193 CLR 72 Police Association of New South Wales v Commissioner of Police (2002) 123 IR 301 Schipp v Cameron, unreported judgment dated 12 October 1998, Supreme Court, Einstein J United GlobalCom,Inc and Ors v McRann (No 2) [2004] NSWIRComm 16 Vucadinovic v Lombardi and Anor [1967] VR 81 HEARING DATES: 02/20/2004 DATE OF JUDGMENT: 04/08/2004