NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Moad and A Whistle & Co Pty Ltd trading as Electrodry Carpet Cleaning [2007] NSWIRComm 1002
APPLICANT PARTIES: Michael Anthony Moad RESPONDENT A Whistle & Co (1979) Pty Limited t/as Electrodry Carpet Cleaning
FILE NUMBER(S): 5482 of 2005
CORAM: Stanton C
Application for costs - unfair dismissal - maximum compensation sought - no counter offer made - applicant in receipt of workers' compensation payments - alleged obdurate refusal to participate in settlement negotiations - reasonableness of claim - discretionary nature of costs - unreasonable failure to agree to settlement - risks of adopting inflexible approach to settlement - obligation upon parties to objectively assess prospects - parties entitled to test merits of claim in arbitration. CATCHWORDS: Held, no unreasonable failure to agree to claim - application dismissed - each party shall bear their own costs.
LEGISLATION CITED: Industrial Relations Act 1996
Algeri and GGA Law Practice Pty Ltd t/as Galluzzo Golotta Andriano [2006] NSWIRComm 1082 Bankstown City Cuncil v Paris (1999) 93 IR 209 Bragg v NSW Department of Community Services [1999] NSWIRComm 551 CASES CITED: Copperart v Martin (1996) 68 IR 58 Four Sons Pty Limited v Sakchai Limsiripothong (No 2) (2000) 100 IR 400 Orange Community Accommodation Service Incorporated and Carolyn Vivienne Roddenby [2004] NSWIRComm 333 Luke v Handicapped Children's Centre (unreported Connor CC, IRC2586 of 1993, 4 May 1994)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate