Maxims Travel Pty Limited [ACN 002 906 792] v De Poortere Investments Pty Ltd [ACN 002 906 630] [2012] NSWIRComm 64

Industrial Relations Commission New South Wales Medium Neutral Citation: Maxims Travel Pty Limited [ACN 002 906 792] v De Poortere Investments Pty Ltd [ACN 002 906 630] [2012] NSWIRComm 64 Hearing dates: 24/02/2012 Decision date: 29 June 2012 Before: Backman J Decision: (1) Maxims Travel Pty Limited [ACN 002 906 792] (the applicant) is to pay De Poortere Investments Pty Ltd [ACN 002 906 630] (the respondent) costs of and incidental to the proceedings, including reserved costs and the costs of the present motions before the Court (the respondent's motion filed 7 July 2011 and the applicant's motion filed 20 January 2012). (2) The respondent's applications expressed in the alternative for costs incurred on or after 14 June 2009 to date or to the date of service of the respondent's motion dated 14 April 2011 on an indemnity basis are refused. (3) The applicant's motion filed on 20 January 2012 is dismissed. Catchwords: Application under s 106 Industrial Relations Act 1996 - Notice of Motion filed by respondent for costs - Notice of Motion filed by applicant for costs - Uniform Civil Procedure Rules (UCPR), rule 42.19 applied - whether there should be departure from the ordinary course under rule 42.19 - late objection to jurisdiction considered - whether respondent's conduct unreasonable - whether reasonable for applicant to commence and continue the s 106 proceedings - respondent's further application for indemnity costs considered - orders Legislation Cited: Industrial Relations Act 1996 Trade Practices Act 1974 (Cth) Cases Cited: Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Colgate-Palmolive Company and Another v Cussons Pty Limited (1993) 46 FCR 225 Fish v Solution 6 Holdings Ltd [2006] HCA 22, (2006) 151 IR 256 Maxims Travel Pty Ltd [ACN 002 906 792] v De Poortere Investments Pty Ltd [ACN 002 906 630] [2011] NSWIRComm 158 Category: Costs Parties: Maxims Travel Pty Limited [ACN 002 906 792] (Applicant) De Poortere Investments Pty Ltd [ACN 002 906 630] (Respondent) Representation: Mr G McGrath SC (Applicant) Mr M Brabazon SC with Mr T Dixon of counsel (Respondent) Smith Reid Attorneys (Applicant) Slater & Gordon (Respondent) File Number(s): IRC 3348 of 2006