Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services (No 9) [2014] NSWIRComm 31

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services (No 9) [2014] NSWIRComm 31 Hearing dates: 4 April 2014 Decision date: 24 June 2014 Jurisdiction: Industrial Relations Commission Before: Boland AJ Decision: The Commission makes the following orders: (1)Ms Ganino's application for costs of the appeal in Matter No IRC 499 of 2013 is dismissed. (2)Ms Ganino's application for costs of the proceedings remitted to Boland AJ by the Full Bench on 18 December 2013 (including the costs of the costs application) is dismissed. (3)The parties shall bear their own costs of the appeal and the remittal proceedings. Catchwords: COSTS - Application by applicant for costs of appeal, costs of remitter on an indemnity basis and costs of cost application - Principles to be applied - Whether the course of conduct of the respondent over the relevant period could be said to amount to conduct inconsistent with an intention to settle the proceedings on any basis that could be considered reasonable - Numerous offers of settlement considered - Applicant's insistence on reinstatement as term of settlement - Respondent's insistence on general release as term of settlement - Applicant failed to make out case for costs - Application dismissed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Bankstown City Council v Paris (1999) 93 IR 209 Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Calderbank v Calderbank [1975] All ER 333 Cong Xu v Austino Property Development Pty Ltd (No 2) [2013] NSWSC 1559 Ganino v Road and Traffic Authority of NSW [2011] NSWIRComm 1008 Cooma Rural Lands Protection Board v Phillips [2005] NSWIRComm 313 County Securities Pty Limited v Challenger Group Holdings Pty Limited (No 2) [2008] NSWCA 273 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298; 13 VR 435 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Miwa Pty Ltd v Siantan Properties Pte Ltd [2011] NSWCA 344 Perkins v Grace Worldwide (Aust) Pty Limited (1997) 72 IR 186 Phillips v Industrial Relations Commission of NSW [2006] NSWCA 183 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) and Roads and Maritime Services [2013] NSWIRComm 106 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services [2014] NSWIRComm 8 Public Service Association and Professional Officers Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Maritime Services [2012] NSWIRComm 1014 Public Service Association and Professional Officers Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Maritime Services [2013] NSWIRComm 1008 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (On behalf of Rosanna Ganino) and Roads and Traffic Authority of NSW, Division of Government Service [2011] NSWIRComm 1048 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Roads and Maritime Services v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Ganino) [2012] NSWIRComm 12 Vieira v O'Shea (No 2) [2012] NSWCA 121 Category: Costs Parties: Rosanna Ganino (Applicant) Roads and Maritime Services of the Government Service of New South Wales (Respondent) Representation: P Lowson of counsel (Applicant) K Eastman SC (Respondent) Coyne Legal (Applicant) Minter Ellison (Respondent) File Number(s): IRC 1141 of 2009, 499 0f 2013