George Stewart v All-Fect Distributors Limited and Ors (No 2) [2006] NSWIRComm 303

Industrial Court of New South Wales

CITATION: George Stewart v All-Fect Distributors Limited and Ors (No 2) [2006] NSWIRComm 303

APPLICANT George Stewart

FIRST RESPONDENT All-Fect Distributors Limited

SECOND RESPONDENT Fred Joseph Essey PARTIES: THIRD RESPONDENT Johnnie Arthur Essey

FOURTH RESPONDENT Joseph Fred Essey

FIFTH RESPONDENT Paul Fred Essey

FILE NUMBER(S): IRC 4435 of 2003

CORAM: Boland J

CATCHWORDS: Costs - Unfair contract - Indemnity costs - Offer of Compromise - Applicant successful in unfair contract claim - Judgment exceeded Offer of Compromise - Case respondents required to meet arguably changed significantly between the date of the applicant's offer and the trial in which the judgment obtained was higher than the amount of the offer - Respondents entitled to benefit of the doubt - Indemnity costs refused

Unfair contract - Costs - Indemnity costs - Offer of Compromise - Applicant successful in unfair contract claim - Judgment exceeded Offer of Compromise - Case respondents required to meet arguably changed significantly between the date of the applicant's offer and the trial in which the judgment obtained was higher than the amount of the offer - Respondents entitled to benefit of the doubt - Indemnity costs refused

LEGISLATION CITED: Industrial Relations Act 1996

Ballard v Incoll Management (No 2) [2001] NSWIRComm 217 David Hairman v FileNET Corporation Pty Limited [2002] NSWIRComm 76 CASES CITED: George Stewart v All-Fect Distributors Limited and others [2006] NSWIRComm 195 Marsland v Andjelic [No 2] (1993) 32 NSWLR 649 Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 South Eastern Sydney Area Health Service & Anor v King [2006] NSWCA 2