NSW Caselaw
Industrial Court of New South Wales
CITATION: McLennan & Anor v Infinity Constructions Pty Limited & Ors (No 2) [2007] NSWIRComm 58
FIRST APPLICANT Carl McLennan
SECOND APPLICANT S & M Constructions (Australia) Pty Limited
PARTIES: FIRST RESPONDENT Infinity Constructions Pty Limited
SECOND RESPONDENT Alan Yasbek
THIRD RESPONDENT Theofilos Orfanos
FILE NUMBER(S): IRC 3043 of 2006
CORAM: Staff J
Costs - Application for declaration pursuant to s 154 of Industrial Relations Act 1996 - Indemnity Costs - Calderbank offer rejected and not bettered in litigation - Not reasonable for applicants to reject offer - Indemnity costs granted CATCHWORDS: Declaration pursuant to s 154 of Industrial Relations Act 1996 - Indemnity Costs - Calderbank offer rejected and not bettered in litigation - Not reasonable for applicants to reject offer - Indemnity costs granted
LEGISLATION CITED: Industrial Relations Act 1996
Ballard v Incoll Management (No 2) [2001] NSWIRComm 217 Calderbank v Calderbank [1976] Fam 93 CASES CITED: McLennan & Anor v Infinity Constructions Pty Limited & Ors [2007] NSWIRComm 10 Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 Van Huisstede v Commissioner of Police (No 2) (2001) 106 IR 56
HEARING DATES: Written Submissions: 29 January 2007 and 26 February 2007
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