NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: I. Notaras and K. L. Armstrong [2005] NSWIRComm 247
Applicant: Ms Irene Notaras PARTIES: Respondent: Ms Kelly Learne Armstrong
FILE NUMBER(S): IRC 2908 of 2005
CORAM: Backman J
CATCHWORDS: Costs - costs sought by the respondent following refusal of an application to extend time to appeal - costs sought under s181(2)(a) and (b) of the Industrial Relations Act 1996 - relevant law in relation to s181(2) - meaning of "frivolous" "vexatious" and "proceedings instituted without reasonable cause" - whether application to extend time to appeal fell within s181(2)(a) or (b) - application to extend time to appeal held frivolous and vexatious - operation of s181(1) in the event s181(2)(a) criteria met - discretion to award costs - discretionary factors taken into account - "special circumstances" found to exist such that discretion exercised not to award costs - application for costs sought by respondent refused.
LEGISLATION CITED: Industrial Relations Act 1996
I. Notaras v K. L. Armstrong [2005] NSWIRComm 208 CASES CITED: Jane Morgan v The NSW Department of Education and Training IRC 2002/685, unreported, 9 March 2004 Tapia v Emibarb Pty Limited trading as Lagoon Seafood Restaurant [2005] NSWIRComm 232
HEARING DATES: 06/17/2005
DATE OF JUDGMENT: 07/21/2005
Applicant: Self-represented
LEGAL REPRESENTATIVES: Respondent: Mr M. Heath, of counsel Solicitor: McNamara James & O'Connor, Solicitors
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate