NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Neeson v Amora Company Limited and ors (No 4) [2008] NSWIRComm 23
APPLICANT: Linda Iris Neeson FIRST RESPONDENT: Amora Company Limited PARTIES: SECOND RESPONDENT: Amora Group Pty Limited THIRD RESPONDENT: Tanapun Siriphatrawan FOURTH RESPONDENT: Philip Johnson
FILE NUMBER(S): 3417 of 2005
CORAM: Marks J
CATCHWORDS: S106 unfair contract proceedings - costs application - Calderbank offer - indemnity costs sought from date of offer - no prima facie presumption of indemnity costs - discretionary - reasonableness of rejecting offer - not so unreasonable as to justify indemnity costs - respondents entitled to costs as assessed in default of agreement - costs hearing unnecessary and to be paid by respondents
Industrial Relations Act 1996 s106 LEGISLATION CITED: Industrial Relations Amendment Act 2005 Legal Profession Act 2004
Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 CASES CITED: Gretton v Commonwealth of Australia [2007] NSWSC 149 Jones v Bradley (no 2) [2003] NSWCA 258 Neeson v Amora Company Limited and ors No 3 (2007) NSWIRComm 166
HEARING DATES: 7 February 2008
DATE OF JUDGMENT: 14 February 2008
APPLICANT: Mr J Murphy of counsel Solicitor: Mr C McArdle McArdle Legal
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