Transport Workers' Union of New South Wales (on behalf of S & L Bozinovski Pty Ltd and MJW Transport Pty Ltd) and Glen Cameron Nominees Pty Ltd [2008] NSWIRComm 38

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales (on behalf of S & L Bozinovski Pty Ltd and MJW Transport Pty Ltd) and Glen Cameron Nominees Pty Ltd [2008] NSWIRComm 38

APPLICANT (Respondent to Motion) Transport Workers' Union of New South Wales PARTIES: RESPONDENT (Applicant on Motion) Glen Cameron Nominees Pty Ltd

FILE NUMBER(S): IRC64; IRC65 of 2007

CORAM: Sams DP; Macken Dr J; Tinney Mr G

Notice of Motion - Contract of Carriage Tribunal - application for costs - original applications for compensation refused - applicants knew goodwill was not a requirement of principal contractor - whether applications "frivolous", "vexatious", or "commenced without reasonable cause" - first occasion costs sought in proceedings under Ch 6 Pt 7- meaning of words found in other sections of the Act - authorities in other jurisdictions - whether Tribunal can determine amount of costs and against whom an order is made - whether costs should be awarded as agreed or assessed. CATCHWORDS: Held; costs provisions given wide meaning - Tribunal may assess costs and make orders against whom a costs order is sought - applications not "frivolous" or "vexatious" - applicants' own evidence - applicants were aware that goodwill was not a requirement of the principal contractor - costs order not a punishment - Union had obligation to properly assess prospects of success - relied on documents tendered at early stage of proceedings - applications "commenced without reasonable cause" - order of costs - Presidential member's agreement to order.