NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Farmakis v J & N Pty Limited trading as Nonie Ressler Realtor [2006] NSWIRComm 1008
APPLICANT Sue Farmakis PARTIES: RESPONDENT J & N P/L t/as Nonie Ressler Realtor
FILE NUMBER(S): 7076 of 2003
CORAM: Tabbaa C
CATCHWORDS: Costs in unfair dismissal proceedings - s. 181 (2)(c) and s. 181 of the Act - whether unreasonable refusal to settle claim - whether frivolous or vexatious claim - application for party - party costs or indemnity costs - failure by party to file defence in the proceedings - application determined ex parte
LEGISLATION CITED: Industrial Relations Act 1996
Dima Homes Case (1989) 5 AILR Rep. 4 (Bauer J, Varnum DP and Shiels CC) CASES CITED: Bankstown City Council v. Paris (1999) 93 IR 209, Tuholi Pty. Limited v. Caltex Petroleum Pty. Limited [2001]NSWIR Comm.7 Wright P) Krajewska v University of Adelaide
HEARING DATES: 24/05/2004; 25/05/2004; 09/05/2005
DATE OF JUDGMENT: 01/30/2006
LEGAL REPRESENTATIVES: Mr. Dean Groundwater, Solicitor Warren McKeon Dickson, Lawyers
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: TABBAA C
30 January, 2006
Matter No IRC 7076 of 2003
SUE FARMAKIS and J. & N. PTY. LIMITED trading as NONIE RESSLER REALTOR
Application by Sue Farmakis re: unfair dismissal pursuant to section 84 of the Industrial Relations Act, 1996. ……………………………………………………………………………………………………
DECISION ON COSTS
[2006] NSW IRComm 1008
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