Gordon Meggatt v Australian Business Limited [2007] NSWIRComm 247

Industrial Court of New South Wales

CITATION: Gordon Meggatt v Australian Business Limited [2007] NSWIRComm 247

Applicant: Gordon Meggatt PARTIES: Respondent: Australian Business Limited

FILE NUMBER(S): IRC6648 of 2004

CORAM: Kavanagh J

CATCHWORDS: Section 106 - costs - alternative applications including application for indemnity costs - Calderbank letter - order for costs as agreed or assessed

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Burgess & Ors v Mount Thorley Operations Pty Ltd [2003] NSWIRComm 22 Meggatt v Australian Business Ltd [2007] NSWIRComm 182

HEARING DATES: 19/09/07 EXTEMPORE JUDGMENT DATE: 19 September 2007

No appearance for the applicant LEGAL REPRESENTATIVES: Mr A. Vernier, Solicitor Australian Business Lawyers

JUDGMENT:

- 3 - INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Kavanagh J

Wednesday 19 September 2007

Matter No IRC 6648 of 2004 GORDON MEGGATT v AUSTRALIAN BUSINESS LIMITED Application under s106 of the Industrial Relations Act 1996

EX TEMPORE JUDGMENT (Costs)

[2007] NSWIRComm 247

1 By way of Summons for Relief, Gordon Meggatt (the applicant) brought proceedings against his former employer Australian Business Limited (ABL) (the respondent), under s106 of the Industrial Relations Act 1996 (the Act), pleading his contract of employment was unfair, harsh or unconscionable in its terms and through its operation. On 16 August 2007, judgment was given and the applicant's Summons for Relief was dismissed (Meggatt v Australian Business Ltd [2007] NSWIRComm 182). The Court made the following orders: 1. I declare the contract of employment between the parties was not an unfair contract within the meaning of s105 of the Act. 2. The application brought under s106 is dismissed. 3. Leave to relist as to costs. 2 The respondent now seeks a determination as to costs. There is no appearance on behalf of the applicant. The solicitor on the record who represented the applicant has filed a notice of ceasing to act. 3 The respondent successfully defended the claim brought by the applicant under section 106 of the Act. The respondent tenders an affidavit of Mr Antonio Vernier, sworn 19 September 2007, solicitor, who has carriage of this matter for the respondent. 4 The respondent in seeking costs proposes three alternative cost orders: 1. The court order the applicant pay the respondent's costs on an indemnity basis from the date of filing of the summons (which was 12 November 2004).