NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Phillip Brunt v Carlton and United Beverages Limited & Fosters People Limited [2007] NSWIRComm 197
APPLICANT Phillip Brunt PARTIES: RESPONDENT Carlton and United Beverages Limited / Fosters People Limited
FILE NUMBER(S): 175 of 2005
CORAM: Sams DP
Notice of motion - application for costs - lengthy litigation - application for costs of part of total proceedings - indemnity costs sought or in the alternative, party to party costs - statutory framework - s 181(2)(c) of the Act - jurisdictional gateway - discretion of the Commission - whether respondent unreasonably failed to agree to settlement of the claim - whether respondent's conduct was such as to evince an intention not to settle the proceedings on a reasonable basis - relevant period - various offers considered. CATCHWORDS: Held; offers of respondent considered in context - not unreasonable to reject first offer - subsequent offers by the applicant reasonable - respondent's offers in reply not unreasonable in context - conclusion unable to be drawn that respondent unreasonably refused to agree to a reasonable offer - respondent's conduct not such as to evince an intention to unreasonably refuse to settle the claim - jurisdictional gateway not opened - unnecessary to consider indemnity costs - application for costs refused - notice of motion dismissed - no order for costs on the motion.
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council v Paris (1999) 93 IR 209 Carlton and United Beverages Limited v Phillip Brunt [2007] NSWIRComm 135 Carlton and United Beverages Limited v Phillip Brunt (2005) 147 IR 162 Carlton and United Beverages Limited v Phillip Brunt [2006] NSWIRComm 98 Crump & Ors v Equine Nutrition Systems Pty Ltd t/as Horsepower & Anor (No 2) [2007] NSWSC 25 CASES CITED: Four Sons Pty Ltd v Sakchai Limsiripothong (No 2) (2000) 100 IR 400 Phillip Brunt v Carlton and United Beverages Limited / Foster People Limited [2007] NSWIRComm 17 Phillip Brunt v The Continental Spirits Company [2005] NSWIRComm 1133 Phillips v Industrial Relations Commission of New South Wales (2006) 154 IR 96 Tuholi Pty Ltd v Caltex Australia Petroleum Pty Ltd (2001) 103 IR 329 Young and others v Department of Juvenile Justice [2007] NSWIRComm 142
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