Mullins and New South Wales Department of Education and Training [2009] NSWIRComm 23

Industrial Relations Commission of New South Wales

CITATION: Mullins and New South Wales Department of Education and Training [2009] NSWIRComm 23

APPLICANT (on costs) New South Wales Department of Education and Training PARTIES: RESPONDENT (on costs) Keith Mullins

FILE NUMBER(S): IRC 1471 of 2008

CORAM: Sams DP

Costs - victimisation application - application out of time - Commission refused to exercise discretion to accept out of time application - costs reserved - further submissions - whether application frivolous and/or vexatious or brought without reasonable cause - costs sought for Counsel's fees only. CATCHWORDS: Held; applicant given three opportunities to address claim against him - failure to address costs application - appeal against substantive decision - request to adjourn costs application refused - meaning of frivolous, vexatious and instituted without reasonable cause - claim meets tests of being vexatious and brought without reasonable cause - costs orders made.

LEGISLATION CITED: Industrial Relations Act 1996

Attorney General v Wentworth (1988) 14 NSWLR 481 Burton v Shire of Bairnsdale (1908) 7 CLR 76 CASES CITED: Elka Simjanovska and Roads and Traffic Authority of New South Wales (No 6) [2008] NSWIRComm 163 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Keith Mullins v New South Wales Department of Education and Training [2008] NSWIRComm 236

HEARING DATES: Written submissions: 30 October 2008; 30 December 2008