New South Wales Technical and Further Education Commission v Valda June Kerrison [2007] NSWIRComm 176

Industrial Court of New South Wales

CITATION: New South Wales Technical and Further Education Commission v Valda June Kerrison [2007] NSWIRComm 176

APPELLANT: New South Wales Technical and Further Education Commission PARTIES: RESPONDENT: Ms V J Kerrison

FILE NUMBER(S): IRC 7143 of 2003

CORAM: Walton J Vice-President; Staunton J; Staff J

CATCHWORDS: Costs - application for costs and and repayment of monies paid - distinction between Commission simpliciter and Commission in Court Session to award costs under s 181 of the Act - leave to appeal based on public interest considerations - appellant entitled to costs at first instance - appellant's application for costs in appeal proceedings proper declined - application for indemnity certificate under Suitors' Fund Act not required as no order made as to costs of appeal proper - costs order made in favour of appellant in relation to respondent's application to reopen appeal proceedings - the exercise of discretion in appellant's favour to order repayment of monies paid refused - costs orders made in favour of appellant as agreed or assessed - cost of assessment to be borne by appellant.

Employee Liability Act 1991 Evidence Act 1995 LEGISLATION CITED: Industrial Relations Act 1996 Limitation Act 1969 Suitors' Fund Act 1951 Technical and Further Education Commission Act 1990

Acquilina v Diary Farmers Co-operative Milk Co. Ltd (1965) 82 WN (Pt. 1) (NSW) 531 Day v Smidmore (No 2) [2005] NSWIR 406 Hollingsworth v Commissioner of Police [2007] NSWIRComm 137 CASES CITED: Kerrison v New South Wales Technical and Further Education Commission [2003] NSWIRComm 76 Kerrison v New South Wales Technical and Further Education Commission [2003] NSWIRComm 429 Kerrison v New South Wales Technical and Further Education Commission (2007) NSWIRComm 140 Oshlack v Richmond River Council (1998) 193 CLR 72 Russell v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and anor [2007] NSWSC 104 (19 February 2007)