NSW Caselaw
Industrial Court of New South Wales
CITATION: Lassithiotakis v Cardile and Ors [2008] NSWIRComm 148
APPLICANT: Bill Lassithiotakis
FIRST RESPONDENT John Cardile
PARTIES: SECOND RESPONDENT: Ultra Modern Developments Pty Limited ACN 069 518 770
THIRD RESPONDENT: Cardile Investment Corporation Pty Limited ACN 068 769 951
FILE NUMBER(S): IRC 6800 of 2002
CORAM: Schmidt J
CATCHWORDS: Costs - unfair contract - matter settled by agreement between parties, with Court to determine costs - how Court's discretion as to costs to be exercised - no hearing on merits - respondents' payments and admissions considered - costs as agreed or assessed, in favour of the applicant, other than in relation to the costs order earlier made in favour of the respondents
Annual Holidays Act 1944 LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations Commission Rules
Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 CASES CITED: Austress Freyssinet Pty Limited v Joseph & Ors [2007] NSWSC 1513 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Minister for Immigration & Ethnic Affairs ex parte Lai Qin (1997) 186 CLR 622
HEARING DATES: 5 August 2008
DATE OF JUDGMENT: 14 August 2008
APPLICANT: Mr LAH Macinnis, solicitor SOLICITORS: Dibbs Barker Gosling Lawyers LEGAL REPRESENTATIVES: RESPONDENTS: Mr T Lynch of counsel SOLICITORS: Hunter Lawyers
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