NSW Caselaw
Industrial Court of New South Wales
CITATION: Terry v Huge Lights Pty Limited and Others (No 4) [2007] NSWIRComm 206
APPLICANT: Martin Terry
FIRST RESPONDENT: Huge Lights Pty Limited PARTIES: (ACN 002 638 888)
SECOND RESPONDENT: Jonathon Hughes
THIRD RESPONDENT: Michelle Hughes
FILE NUMBER(S): 2169 of 2002
CORAM: Schmidt J
CATCHWORDS: Costs - respondents seek indemnity costs order - opposed by applicants - usual costs order - respondents' offer of compromise - parties' respective misconduct in the proceedings - no indemnity costs order in favour of respondents - respondents' abuse of Court's process - consideration of any costs order in favour of respondents stayed, pending further order of the Court
LEGISLATION CITED: Evidence Act 1995 Industrial Relations Act 1996
Barataud v Chipperfield (No 3) [2006] NSWIRComm 249 Leckie v Crockett & Ors (No 3) [2007] NSWIRComm 143 CASES CITED: Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Terry v Huge Lights Pty Ltd & Ors (No 3) [2007] NSWIRComm 155 Martin Terry v Huge Lights Pty Limited and Others (No 2) [2006] NSWIRComm 335 Martin Terry v Huge Lights Pty Limited and Others [2005] NSWIRComm 448
HEARING DATES: 10 August 2007
DATE OF JUDGMENT: 17 August 2007
APPLICANT: Mr BKB Cross of counsel SOLICITORS: Ronald M Fluit, Solicitor LEGAL REPRESENTATIVES:
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