A V Jennings Holdings Limited v. Dean, ex parte Pecotic [2008] NSWIRComm 1121

Industrial Relations Commission of New South Wales

CITATION: A V Jennings Holdings Limited v. Dean, ex parte Pecotic [2008] NSWIRComm 1121

APPLICANT A V Jennings Holdings Limited PARTIES: RESPONDENT Robert Dean

FILE NUMBER(S): IRC 3510 of 2004

CORAM: Connor C

CATCHWORDS: costs - unfair dismissal claim rejected - appeal withdrawn - settlement reached - application for costs directed against agent as confirmed by the terms of the settlement of the appeal - jurisdiction found - responsibility of advocates in unfair dismissal proceedings explained - the "cab rank" rule - supplementary decision issued - application for costs dismissed

LEGISLATION CITED: Industrial Relations Act 1996

A V Jennings Holdings Limited v. Dean; ex parte Pecotic [2008] NSWIRComm 1057 Attorney General v. Wentworth (1988) 14 NSWLR 491 Bankstown City Council v. Paris (1999) 93 IR 209 Busways v. Johnson (1994) 55 IR 255 Copperart Pty Limited v. Martin (1996) IR 58 Deluux Pty Limited v. Mini-Tankers Pty Limited [2007] NSWIRComm 101 Di Battista v. Motton (1971) VR 565 Elizabeth Drive Nursing Home Case - unreported CASES CITED: General Steel Industries Inc v. Commissioner for Railways (1964) 112 CLR 125 Luke v. Handicapped Children's Centre - unreported Ogston v. Laurieton United Servicesmen's Club - unreported Pecotic v. A V Jennings Holdings Limited [2007] NSWIRComm 1001 Pedlow v. Cini (1976) AR 177 Perkins v. Grace Worldwide (Australia) Pty Limited (1997) 72 IR 186 Phillips v. Industrial Relations Commission of New South Wales (2006) 154 IR 96 Steel v. Mirror Newspapers Limited (1975) 2 NSWLR 48 Wehner v. Chakra Holdings Pty Limited - unreported