Bennett v Commissioner of Police (No 2) [2010] NSWIRComm 70

Industrial Court of New South Wales

CITATION: Bennett v Commissioner of Police (No 2) [2010] NSWIRComm 70

PARTIES: Michelle Bennett (Applicant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 2182 of 2008

CORAM: Haylen J

COSTS - recovery of money - Industrial Relations Act 1996 - s 365 - award interpretation - claim for lump sum benefit under award - award provides formula for calculating benefit for eligible employees - given personal details of employee's service amount of claim not in contest - eligibility for payment of the lump sum in contest - letter of offer by employee to settle claim for less than half the total sum of potential payment - no response from respondent - operation of r 216 Commission Rules - offer a real compromise and reasonable time provided to consider offer - employee succeeds in obtaining total claim - indemnity costs awarded CATCHWORDS: INDEMNITY COSTS - Industrial Relations Commission Rules 1996 - operation of r 216 - indemnity costs awarded for relevant period

Crown Employees (Police Officers Death and Disability) Award 2005, cl 9.3 Industrial Relations Act 1996, s 365, s 181 LEGISLATION CITED: Industrial Relations Commission Rules 1996, r 216 Supreme Court Act 1970, s 76(1) Supreme Court Rules, Part 52, r 28A, Pt 52 r 17(4), r 17(5)

Bennett v Commissioner of Police [2010] NSWIRComm 25 Bowman v Right Growers Ltd (formerly Rice Growers Co-Op Ltd) (No 2) [2007] NSWIRComm 267 at [25] CASES CITED: Cosmetic Suppliers Pty Ltd v Great Scott International Pty Ltd (No 2) (2008) 170 IR 348 Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 Wheelahan v North Coast Area Health Service (No 2) [2008] NSWIRComm 244