Elka Simjanovska and Roads and Traffic Authority of New South Wales (No. 6) [2008] NSWIRComm 163

Industrial Relations Commission of New South Wales

CITATION: Elka Simjanovska and Roads and Traffic Authority of New South Wales (No. 6) [2008] NSWIRComm 163

APPLICANT (respondent on costs) Elka Simjanovska PARTIES: RESPONDENT (applicant on costs) Roads and Traffic Authority of New South Wales

FILE NUMBER(S): IRC 4554 of 2005; IRC 2762 of 2006; IRC 3138 of 2006

CORAM: Sams DP

Costs application - three substantive applications alleging victimisation under s 210 of the Act - applications dismissed for want of prosecution - costs sought on grounds that the proceedings are 'vexatious' - alleged irregularities in initiating process - meaning of 'vexatious' - reliance on transcript and summonses to produce - summonses to produce set aside - whether proceedings initiated to cause annoyance, trouble or embarrassment for the respondent or for a collateral purpose - reliance on earlier Full Bench decisions - errors in transcript - counter claims that costs application 'frivolous' and 'vexatious' - offer to settle claims - general principles as to costs in the Commission. CATCHWORDS: Held; cost application properly before the Commission - irregularities not sustained - meaning of 'vexatious' - Full Bench decisions do not support applicant's case - applicant's continued demand for documents - documents irrelevant to substantive proceedings - documents sought were to cause annoyance, embarrassment and trouble for respondent - applicant's other activities - costs order significant - identity or impecuniosity of parties not relevant - applicant's allegations against solicitor rejected - applicant's own behaviour considered - applications found to be 'vexatious' - costs order made.