NSW Caselaw
Industrial Court of New South Wales
CITATION: Nandini Fonseka v Epic Hotels Pty Limited and Anor [2008] NSWIRComm 79
APPLICANT (Respondent on first motion/Applicant on second motion): Nandini Fonseka
PARTIES: FIRST RESPONDENT (Applicant on first motion/Respondent on second motion): Epic Hotels Pty Limited
SECOND RESPONDENT (Applicant on first motion/Respondent on second motion): Swiss Garden International Limited
FILE NUMBER(S): IRC 1367 of 2003
CORAM: Boland J President
Unfair contract - Interlocutory proceedings - Application by respondents seeking dismissal of proceedings for want of prosecution - In the alternative application by respondents seeking stay of proceedings until outstanding costs orders are met - In the further alternative application by respondents seeking security for costs - Notice of motion by applicant seeking creation of fund by respondents to provide security - Whether s 824 of Workplace Relations Act 1996 (Cth) precludes a costs order being made against the applicant - Respondents' application for stay granted - Applicant's application for creation of fund refused - Section 824 of Workplace Relations Act no bar to costs order - Costs reserved.
CATCHWORDS: Stay of proceedings - Unfair contract - Interlocutory proceedings - Application by respondents seeking dismissal of proceedings for want of prosecution - In the alternative, application by respondents seeking stay of proceedings until outstanding costs orders are met - Respondents' application for stay granted.
Costs - Unfair contract - Interlocutory proceedings - application by respondents seeking stay of proceedings until outstanding costs orders are met - In the further alternative application by respondents seeking security for costs - Whether s 824 of Workplace Relations Act 1996 (Cth) precludes a costs order being made against the applicant - Respondents' application for stay granted - Section 824 of Workplace Relations Act no bar to costs order - Costs reserved.
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