Twohill v Mental As Anything Touring Pty Ltd and ors (No 2) [2008] NSWIRComm 75

Industrial Court of New South Wales

CITATION: Twohill v Mental As Anything Touring Pty Ltd and ors (No 2) [2008] NSWIRComm 75

APPLICANT David Francis Twohill FIRST RESPONDENT PARTIES: Mental As Anything Touring Pty Ltd SECOND RESPONDENT Martin Edward Murphy THIRD RESPONDENT Andrew Macarthur Smith

FILE NUMBER(S): 4627 of 2005

CORAM: Marks J

CATCHWORDS: S106 unfair contract proceedings - application to apply slip rule to calculation of compensation - error in assessing compensation by reference to net amount rather than gross amount - application that interest and costs be awarded on usual basis - applicant found to be employee of first respondent - offer of compromise made - counter-offer made and rejected - no prima facie presumption of indemnity costs - cannot apply Calderbank principles - costs follow the event - applicant entitled to costs of proceedings - applicant entitled to interest on monetary compensation - original judgment varied

Industrial Relations Act 1996 ss106, 181 LEGISLATION CITED: Industrial Realtions Commission Rules r151 Uniform Civil Procedure Rules 2005 schedule 5

Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2008] NSWSC 7 Elite Protection Personnel Pty Ltd v Salmon [2007] NSWCA 322 Jones v Bradley (No 2) [2003] NSWCA 258 CASES CITED: Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Timms v Clift (1998) 2 QdR 100 Twohill v Mental As Anything Touring Pty Ltd & ors [2008] NSWIRComm 17 WorkCover Authority of NSW (Inspector Mark Morganthal) v DHL Exel Supply Chain (Australia) Pty Ltd, McGill Holdings Pty Ltd and DTC Pty Ltd (No 2) [2008] NSWIRComm 49