Anley v Department of Education and Training - Western Sydney Institute of TAFE [2011] NSWIRComm 60

Industrial Relations Commission New South Wales Medium Neutral Citation: Anley v Department of Education and Training - Western Sydney Institute of TAFE [2011] NSWIRComm 60 Hearing dates: 4 November 2010 Decision date: 16 May 2011 Jurisdiction: Industrial Relations Commission Before: Sams DP Decision: 1. The applicant in matter IRC 2132 of 2008, Ms Bronwyn Helen Anley, shall pay the respondent's costs as agreed or assessed on a party/party basis. 2. The costs referred to above shall include costs of, and incidental to, the proceedings, including in relation to the application to re-open the applicant's case and in relation to this costs application. 3. The orders set out above shall be paid within 28 days of today. Catchwords: COSTS - unfair dismissal application - application for party/party costs - statutory framework - jurisdictional gateway - exercise of discretion - whether applicant unreasonably refused to agree to a settlement of her claim - whether conduct of applicant evinced an intention not to settle her claim on a reasonable basis - three offers of settlement - applicant maintained only acceptable offer was reinstatement/reemployment and compensation - lengthy litigation - prospects of success - conduct of both parties.

COSTS - applicant's unlikely prospects of success - offers of settlement reasonable - applicant's refusal to settle her claim unreasonable - risk of not making alternative offers - conduct of respondent during the proceedings not relevant - applicant's own conduct in preparing her case - impercuniosity of applicant not relevant - jurisdictional gateway established - discretion to make orders - orders made for party/party costs in favour of respondent. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Anley and Department of Education and Training [2009] NSWIRComm 39 Anley v Department of Education and Training - Western Sydney Institute of TAFE [2010] NSWIRComm 140 Bankstown City Council v Paris [1999] 93 IR 209 Carlton and United Beverages Limited v Brunt [2007] NSWIRComm 135 Council of Kangan Batman TAFE v AIRC (2006) 156 FCR 275 Four Sons Pty Ltd v Limsiripothong (No 2) [2000] 100 IR 400 Phillips v Industrial Relations Commission of New South Wales & another [2006] 154 IR 96 Category: Costs Parties: Bronwyn Helen Anley (Applicant)