NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Carlton and United Beverages Limited & Brunt [2007] NSWIRComm 135
APPELLANT (RESPONDENT ON MOTION) Carlton and United Beverages Limited PARTIES: RESPONDENT (APPLICANT ON MOTION) Phillip Brunt
FILE NUMBER(S): IRC 4689 of 2005
CORAM: Walton J Vice-President; Sams DP; Ritchie C
Notice of motion - application for costs - application sought to cover entire proceedings - application disaggregated - costs on the appeal to be determined by Full Bench - balance of application to be determined by single member - statutory framework - s 181(2)(c) of the Act - jurisdictional gateway - whether appellant unreasonably refused to settle claim - exchanges of settlement offers - no factual contest - principles considered. CATCHWORDS: Held; offers of settlement did not include reinstatement - generous offers of financial settlement made during conciliation - offers rejected - subsequent offers decreased - conclusion unable to be drawn that appellant unreasonably refused to settle claim - appellant's conduct did not evince an intention to unreasonably refuse to settle claim - application for costs orders dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council v Paris (1999) 93 IR 209 Carlton and United Beverages Limited and Phillip Brunt [2006] NSWIRComm 98 Carlton and United Beverages Limited v Phillip Brunt [2005] NSWIRComm 338 Four Sons Pty Ltd v Sakchai Limsiripothong (No 2) (2000) 100 IR 400 Jones v Bradley (No 2) [2003] NSWCA 258 CASES CITED: McLennan & Anor v Infinity Constructions Pty Limited and Ors (No. 2) [2007] NSWIRCom 58 Phillip Brunt and Carlton and United Beverages Ltd - Fosters People Limited [2007] NSWIRComm 17 Peden v Lake Macquarie Refrigeration Pty Ltd (2003) 134 IR 149 Phillip Brunt v The Continental Spirits Company [2005] NSWIRComm 1133 Phillips v Industrial Relations Commission of NSW (2006) 154 IR 96 Powerlan Limited & Anor v Squires (No. 2) [2007] NSWIRCom 1168 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323
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