NSW Caselaw
Industrial Court of New South Wales
CITATION: West & Anor v The Owners Strata Plan No 54288 (No 2) [2009] NSWIRComm 61 This decision has been amended. Please see the end of the judgment for a list of the amendments.
FIRST APPLICANT John Hosking West PARTIES: SECOND APPLICANT Heather West
FILE NUMBER(S): IRC 311 of 2007
CORAM: Staff J
CATCHWORDS: Costs - Unfair contract - Calderbank letter - Application by respondent for indemnity costs - Principles applied in such circumstances - Reasonable for applicants to refuse respondent's offers - Indemnity costs denied
LEGISLATION CITED: Industrial Relations Act 1996
Boyd & Anor v Maxx Implementation Pty Limited & Ors (No 3) [2008] NSWIRComm 200 Commonwealth of Australia v Gretton [2008] NSWCA 117 County Securities Pty Limited v Challenger Group Holdings Pty Limited (No 2) [2008] NSWCA 273 CASES CITED: Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Herning v GWS Machinery Pty Ltd (No 2) [2005] NSWCA 375 West v The Owners Strata Plan No 54288 [2009] NSWIRComm 30 Wheelahan v North Coast Area Health Service (No 2) [2008] NSWIRComm 244
HEARING DATES: 22 April 2009
DATE OF JUDGMENT: 8 May 2009
FIRST AND SECOND APPLICANTS Mr CP Taylor of counsel Solicitor: Mr P Hunt Hynes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Rogers of counsel Solicitor: Mr S Radburn Somerville Laundry Lomax
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