Director-General of Education and Training and Bond (No 2) [2009] NSWIRComm 59

Industrial Relations Commission of New South Wales

CITATION: Director-General of Education and Training and Bond (No 2) [2009] NSWIRComm 59

APPELLANT Director-General of Education and Training PARTIES: RESPONDENT Judith Anne Bond

FILE NUMBER(S): IRC 2423 of 2008

CORAM: Kavanagh J; Staff J; Bishop C

CATCHWORDS: Costs - Unfair dismissal - Extension of time - Appeal - Respondent sought costs of appeal - Limited jurisdiction to award costs - Unable to determine whether application frivolous or vexatious at this stage - Whether appeal application under Pt 6, ch 2 of Industrial Relations Act 1996 - Application for costs refused - Industrial Relations Act 1996, s 181(2)(a)(b)(c)

LEGISLATION CITED: Industrial Relations Act 1996

Director-General of Education and Training and Bond [2009] NSWIRComm 40 CASES CITED: Kanan v Australian Postal and Telecommunications Union of Australia (1992) 43 IR 257 Peden v Lake Macquarie Refrigeration Pty Ltd (2003) 134 IR 149 R v Moore; Ex Parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 at 473

HEARING DATES: Written Submissions: 3 April 2009 and 16 April 2009

DATE OF JUDGMENT: 6 May 2009

APPELLANT Mr S Flanigan of counsel Senior Legal Officer: Mr C Miles Department of Education and Training LEGAL REPRESENTATIVES: RESPONDENT Mr MD Broun QC Solicitor: Ms V Ho Spinks Elphick Ho