Hollingsworth v Commissioner of Police [2007] NSWIRComm 137

Industrial Court of New South Wales

CITATION: Hollingsworth v Commissioner of Police [2007] NSWIRComm 137

APPLICANT: Kim Hollingsworth PARTIES: RESPONDENT: Commissioner of Police, NSW Police

FILE NUMBER(S): IRC 2074 of 2006

CORAM: Walton J Vice-President; Boland J; Backman J

Costs - Practice and Procedure - Court's discretion to award costs - Whether grounds for departure from 'ordinary rule' as to costs - Costs to be awarded to successful party - Whether to apportion costs on basis of partial success of respondent CATCHWORDS: Held - No basis for apportionment as no loss by respondent on relevant issues - No other basis for departure from 'ordinary rule' as to costs and no disqualifying conduct - Costs awarded

LEGISLATION CITED: Industrial Relations Act 1996 s 181(1), s 181(2)(c)

Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Commissioner for Children and Young People (No 2) [2004] NSWIRComm 8 Crump & Ors v Equine Nutrition Systems Pty Ltd T/A Horsepower & Anor (No 2) [2007] NSWSC 25 Day v Smidmore (No 3) [2006] NSWIRComm 17 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Hollingsworth v Commissioner of Police [2007] NSWIRComm 7 CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72 O'Sullivan v Crown in Right of the State of New South Wales (Department of Education and Training) (2003) 128 IR 158 NRMA Ltd & Ors v Morgan & Ors (No 3) [1999] NSWSC 768 Ove Arup Pty Ltd v Workcover Authority (NSW) (Inspector Mansell) (2005) 141 IR 478 Powerlan Ltd v Squires (No 2) [2007] NSWIRComm 68 Ruddock & Ors v Vadarlis & Ors (No 2) [2001] FCA 1865 State Rail Authority of New South Wales v Codelfa Construction Proprietary Limited (1982) 150 CLR 29