Phillips v Industrial Relations Commission of NSW & Anor [2006] NSWCA 183

Reported Decision : 154 IR 96

New South Wales Court of Appeal

CITATION: Phillips v Industrial Relations Commission of NSW & Anor [2006] NSWCA 183 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 4 July 2006

JUDGMENT DATE: 13 July 2006

JUDGMENT OF: Spigelman CJ at 1; Mason P at 2; Beazley JA at 39

DECISION: The summons should be dismissed with costs.

CATCHWORDS: INDUSTRIAL LAW – Industrial Relations Commission – Discretion to award costs – When not in Court Session – Against party who unreasonably fails to accept settlement offer – Determination as to unreasonableness not jurisdictional – Industrial Relations Act 1996, ss 181, 191. - WORDS AND PHRASES – "objective" – "subjective" – "only if".

LEGISLATION CITED: Industrial Relations Act 1996, ss 181, 191

Bankstown City Council v Paris (1999) 93 IR 209 Four Sons Pty Ltd v Sakchai Limsiripothong (No 2) [2000] NSW IRComm 131, (2000) 100 IR 400 Uniting Church of Australia Property Trust (NSW) v Industrial Relations Commission of New South Wales in Court Session & Anor (2004) 60 NSWLR 602 CASES CITED: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 SAAP v Minister of Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, 215 ALR 162 Rosenberg v Perceval (2001) 205 CLR 434 Craig v South Australia (1995) 184 CLR 163

Winston Churchill Phillips PARTIES: Industrial Relations Commission of NSW Cooma Rural Lands Protection Board

FILE NUMBER(S): CA 40988 of 2005

Claimant: M A Robinson/ J Keys COUNSEL: Opponent: Submitting appearance Second Opponent: K Nomchong