NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Dee Donovan and Tanya Sullivan t/as Blaze on Stage Pty Ltd [2005] NSWIRComm 362
APPELLANT Mr Dee Donovan PARTIES: RESPONDENT Tanya Sullivan t/as Blaze on Stage Pty Ltd
FILE NUMBER(S): IRC 248 & 2513 of 2005
CORAM: Walton J Vice-President; Sams DP; Ritchie C
CATCHWORDS: Appeals - applications for leave to appeal - jurisdictional and costs decisions at first instance - whether employee an independent contractor when performing promotional work in the club industry - nature of employment relationship - relevance of the provisions of the Entertainment Industry Act - principles in Hollis v Vabu - appellant an employee employed by the Club not the respondent - leave to appeal granted - Commissioner's decision correct but for the wrong reasons - appeal dismissed - costs decision at first instance - whether claim frivolous or vexatious - whether the appellant unreasonably refused to settle claim - conduct of appellant - unrepresented litigant - case involved complex and difficult legal issues - costs not automatic - principles to be applied in costs applications in unfair dismissal proceedings - relevance of appeal of jurisdictional decision - claim not frivolous or vexatious - appellant's offer to settle claim not unreasonable - respondent's offer to settle claim unreasonable - leave to appeal granted - appeal upheld - costs decision and orders set aside.
Industrial Relations Act 1996 LEGISLATION CITED: Entertainment Industry Act 1999
Bankstown City Council v Paris (1999) 93 IR 209 Caltex Petroleum Pty Ltd v Harmer (1999) 92 IR 264 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 House v the King (1936) 55 CLR 499 Knowles v Anglican Church Property Trust (No 2) (1999) 95 I IR 380 CASES CITED: Peden v Lake Macquarie Refrigeration Pty Limited [2004] NSWIRComm 66 Perrott v Xcellenet Australia Limited (1998) 84 IR 255 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Weisser v Spur Group Pty Ltd (2003) 121 IR 89
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