NSW Caselaw
Industrial Court of New South Wales
CITATION: Kennett and Anor v Mayrana Pty Ltd and Ors (No 14) [2010] NSWIRComm 64
Keith Franklin Kennett (1st appellant in IRC2008/2189 and 2009/1050; respondent in IRC2009/1200; 1st respondent in IRC2009/1286) K F Kennett Nominees Pty Ltd (2nd appellant in IRC2008/2189 and 2009/1050; 2nd respondent in IRC2009/1286) PARTIES: Mayrana Pty Ltd (1st respondent in IRC2008/2189 and 2009/1050) Katarina Muc t/as G H Healey & Co., Hurstville (5th respondent in IRC2009/1050; 1st appellant in IRC2009/1286) Gregory Harrison Healey t/as G H Healey & Co., Sydney (6th respondent in IRC2009/1050; 2nd appellant in IRC2009/1286) Dr John P Berwick (7th respondent in IRC2009/1050; appellant in IRC2009/1200; 3rd respondent in IRC2009/1286)
FILE NUMBER(S): IRC 2189 of 2008; 1050; 1200 and 1286 of 2009
CORAM: Boland J President; Walton J Vice-President; Haylen J
CATCHWORDS: APPEALS - costs orders - unfair contract proceedings - leave to appeal refused to first instance applicant - no grounds established why usual order for costs following the event should not apply - appeals brought by legal representatives against costs orders made in favour of first instance applicant - appeals succeed - costs of appeal to be born by respondents - application for certificate under Suitors' Fund Act 1951 - grounds for exercise of discretion to grant certificate not established - application for certificate refused
LEGISLATION CITED: Suitors' Fund Act 1951
Acquilina v Dairy Farmers Co-Operative Milk Co Ltd (1965) 82 W.N (Pt 1) NSW 531 Builders Licensing Board v Pride Constructions Pty Ltd (1979) 1 NSWLR 607 Commissioner for Children and Young People v A (No 2) (2004) 132 IR 112 CASES CITED: Berwick and Ors v Kennett [2010] NSWIRComm 41 Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2] (1956) 95 CLR 106 Kennett and Anor v Mayrana Pty Ltd and Ors (No 11) [2009] NSWIRComm 99 Kennett and Anor v Mayrana Pty Ltd and Ors (No 13) [2010] NSWIRComm 29
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