NSW Caselaw
Industrial Court of New South Wales
CITATION: Toll Transport Pty Ltd v Transport Workers' Union of New South Wales (No 2) [2010] NSWIRComm 97
Toll Transport Pty Ltd (First Appellant) PARTIES: Toll Holdings Pty Ltd (Second Appellant) Transport Workers' Union of New South Wales (Respondent)
FILE NUMBER(S): IRC 801 of 2009
CORAM: Boland J President; Walton J Vice-President; Kavanagh J
CATCHWORDS: COSTS - mixed outcome of proceedings - use of discretion of court - appellants success on one ground of five grounds pressed on appeal - special circumstance allow for an apportionment of costs on appeal
LEGISLATION CITED: Industrial Relations Act 1996
Cretney v Director General, New South Wales Department of Education and Training (No 4) [2010] NSWIRComm 17 Dodds Family Investments Pty Limited (Formerly Solar Tint Pty Limited) v Lane Industries Pty Limited [1993] FCA 259; (1993) 26 IPR 261 Elite Protection Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Green v Brown [2002] NSWIRComm 177; (2002) 116 IR 21 CASES CITED: Hughes v Western Australian Cricket Association Inc [1986] FCA 382; (1986) ATPR 40-748 Oraka Pty Ltd v Pilgrim [2004] NSWIRComm 39; (2004) 136 IR 271 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Sydney Water Corporation Ltd v Industrial Relations Commission [2004] NSWCA 436; (2004) 61 NSWLR 661 Toll Transport Pty Ltd v Transport Workers' Union of New South Wales [2010] NSWIRComm 58 Westfield Holdings v Adams [2001] NSWIRComm 293; (2001) 114 IR 241
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