Harry Day v John Smidmore and others (No. 3) [2006] NSWIRComm 17

Industrial Relations Commission of New South Wales

CITATION: Harry Day v John Smidmore and others (No. 3) [2006] NSWIRComm 17

APPELLANT Harry Mark Day

FIRST RESPONDENT John Michael Smidmore PARTIES: SECOND RESPONDENT Christopher Ronald Michael

THIRD RESPONDENT Adolphi Pty Ltd

FILE NUMBER(S): IRC 7172 of 2004

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

Costs - Appeal - Decision at first instance granting permanent stay to respondents overturned on appeal - Respondents claimed costs at first instance and on appeal on the grounds of the appellant's reprehensible and scandalous behaviour - Purpose of costs - Disentitling conduct - Appellant given costs on his successful appeal - No order as to costs at first instance CATCHWORDS: Appeal - Costs - Decision at first instance granting permanent stay to respondents overturned on appeal - Respondents claimed costs at first instance and on appeal on the grounds of the appellant's reprehensible and scandalous behaviour - Purpose of costs - Disentitling conduct - Appellant given costs on his successful appeal - No order as to costs at first instance

LEGISLATION CITED: Industrial Relations Act 1996

Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Bredel v Moore Business Systems Australia Limited [2003] NSWCA 117 Cilli v Abbott (1981) 53 FLR 108 CASES CITED: Day v Smidmore & Ors [2004] NSWIRComm 287 Fast Buck$ v Dudley Pastoral Co Pty Ltd [2003] NSWCA 126 Harry Day v John Smidmore and others [2005] NSWIRComm 320 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72