Cherny & Anor v Isbiz Pty Limited [2006] NSWIRComm 91

Industrial Relations Commission of New South Wales in Court Session

CITATION: Cherny & Anor v Isbiz Pty Limited [2006] NSWIRComm 91

FIRST APPLICANT: David Cherny

SECOND APPLICANT: PARTIES: D.C. Consulting Pty Limited (ACN 073 598 857)

RESPONDENT: Isbiz Pty Limited (ACN 066 338 332)

FILE NUMBER(S): IRC 4400 of 2003

CORAM: Schmidt J

CATCHWORDS: Costs - departure from the usual costs orders refused - respondent to bear applicants' costs as agreed or assessed

Cretazzo v Lombardi (1975) 13 SASR 4 CASES CITED: David Cherny and Anor v Isbiz Pty Ltd [2005] NSWIRComm 452 Lane v The Commonwealth Bank of Australia [2001] NSWIRComm 57 Oshlack v Richmond River Council (1998) 193 CLR 72

HEARING DATES: 03/03/06

DATE OF JUDGMENT: 03/22/2006

APPLICANTS: Mr J Hammond of counsel SOLICITORS: Abrahams & Associates LEGAL REPRESENTATIVES: RESPONDENT: Mr MJ Easton of counsel SOLICITORS: TressCox

JUDGMENT:

- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Schmidt J

22 March 2006

Matter No IRC 4400 of 2003

DAVID CHERNY AND ANOTHER V ISBIZ PTY LTD

Application under s.106 of the Industrial Relations Act 1996

JUDGMENT ON COSTS

[2006] NSWIRComm 91

1 Judgment was given in this matter on 7 December 2005 (David Cherny and Anor v Isbiz Pty Ltd [2005] NSWIRComm 452), with the parties being directed to confer on the orders to be made. The parties were unable to agree on the calculation of the money orders, or on the appropriate costs orders. 2 At the further hearing on 3 March, the parties reached an agreement on the money orders to be made and thus only the question of costs remained to be determined. 3 The applicants sought the usual costs order in their favour, costs as agreed or assessed. The respondent sought orders in the following terms: