NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Reid-Frost and Commissioner of Police (No 2) [2009] NSWIRComm 74
APPLICANT PARTIES: Alyson Reid-Frost RESPONDENT Commissioner of Police
FILE NUMBER(S): IRC 814 of 2008
CORAM: Marks J
CATCHWORDS: s 181E Police Act - application for costs - s 181 IR Act applies to proceedings - entitled to costs order if respondent unreasonably failed to agree to a settlement - necessary for parties to consider in all the circumstances strengths and weaknesses of their case, possible outcomes of proceedings, and necessity to reach sensible resolution without recourse to litigation - applicant made several attempts to resolve the proceedings which were not responded to by the respondent - approach of legislation to conciliation and encouragement to settle - respondent should have been aware that the applicant was considering raising issues beyond the merits argument - no attempt was made by respondent to seek appropriate compromise or engage the applicant in any settlement process - order for costs granted in favour of the applicant
LEGISLATION CITED: Industrial Relations Act 1996 s181 Police Act 1990 s181D, s181E, s181G, s181J
Bankstown City Council v Paris (1999) 93 IR 209 CASES CITED: Four Sons Pty Limited v Sakchai Limsiripothong (No 2) [2000] NSWIRComm 131 Harrison v Commissioner of Police (No 2) [2007] NSWIRComm 93
HEARING DATES: 8 May 2009
DATE OF JUDGMENT: 25 May 2009
APPLICANT Mr D Nagle of counsel Solicitor: WG McNally Jones Staff Mr N Keats LEGAL REPRESENTATIVES: RESPONDENT Mr A Searle of counsel Solicitor: Bartier Perry Ms G Gowland
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