NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Scott Herden and Tearoc Pty Ltd [2007] NSWIRComm 1051
APPLICANT PARTIES: Scott Herden RESPONDENT Tearoc Pty Ltd
FILE NUMBER(S): 2699 of 2005
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application - application set down for Hearing - applicant charged by police - Hearing deferred - Local Court criminal proceedings - Applicant found guilty - Applicant unsuccessfully appealed to District Court - Applicant applied to IRC to discontinue his unfair dismissal application - Respondent disagreed - Respondent's costs application - frivolous and vexatious and unreasonably failed to settle as grounds for costs application - Respondent's grounds made out - Respondent seeks indemnity costs - Commission's discretion to award costs - indemnity costs awarded on limited basis.
LEGISLATION CITED: Industrial Relations Act 1996
Attorney General v Wentworth (1998) 14 NSWLR 481 Australian Workers Union, NSW Branch v Colgate Palmolive Pty Ltd (1988) 27 IR 420 Bankstown City Council v Paris (1999) 93 IR 209 Copperart Pty Ltd v Martin (1996) 68 IR 58 CASES CITED: General Steel Industries Inc v Commissiner for Railways (1964) 112 CLR 125 Mervat Wahba & Miles Fresh Food Market Trading as Brighton Fruit Farm Pty Limited (1999) NSWIRComm 329 Orange Community Accommodation Service Incorporated and Carolyn Vivienne Roddenby (2004) NSWIRComm 333 Peden v Lake Macquarie Generation Pty Limited [2004] NSWIRComm 66 Tuholi Pty Ltd v Caltex Australia Petroleum Pty Ltd (2001) 103 IR 329
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