Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor (No 3) [2009] NSWIRComm 78

Industrial Court of New South Wales

CITATION: Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor (No 3) [2009] NSWIRComm 78

FIRST APPELLANT: Graham Windrum

SECOND APPELLANT: Monkerai Pathology Services Pty Ltd PARTIES: FIRST RESPONDENT: Matrix Healthcare Pty Ltd t/as Combined Pathology

SECOND RESPONDENT: Peter John Court

FILE NUMBER(S): IRC 36 of 2008

CORAM: Boland J President; Haylen J; Backman J

APPEAL - Unfair contract - Costs - Costs at first instance and on appeal - Multiple offers of compromise - Whether unreasonable for appellants to have rejected offers of compromise - Party/party costs - Indemnity costs - Whether offers of compromise made at first instance remain effective on appeal - Purpose of costs orders - Set off CATCHWORDS: COSTS - Appeal - Unfair contract - Costs at first instance and on appeal - Multiple offers of compromise - Whether unreasonable for appellants to have rejected offers of compromise - Party/party costs - Indemnity costs - Whether offers of compromise made at first instance remain effective on appeal - Purpose of costs orders - Set off

LEGISLATION CITED: Industrial Relations Act 1996

Bowman v Ricegrowers Ltd (formerly Ricegrowers' Co-operative Ltd) (No 2) [2007] NSWIRComm 267 Cilly v Abbott (1981) 53 FLR 108 Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 John Sheiles v TB Clarke (Overseas) Pty Ltd [2007] NSWIRComm 262 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Latoudis v Casey (1990) 170 CLR 534 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 CASES CITED: Moore v Woodforth (No 2) [2003] NSWCA 46 Oshlack v Richmond River Council (1998) 193 CLR 72 Pascale Bourot v New South Wales Department of Public Works and Services & Anor [2004] NSWIRComm 72 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd (No.2); Carelli v FS Architects Pty Ltd (No.2) [2008] NSWCA 205 South Eastern Sydney Area Health Service & Anor v King [2006] NSWCA 2 Thomas William Vale v Timothy David Eggins (No 2) [2007] NSWCA 12 Wheelahan v North Coast Area Health Service (No 2) [2008] NSWIRComm 244 Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor [2008] NSWIRComm 146 Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor (No 2) [2009] NSWIRComm 6