Brown v State of New South Wales (Department of Education and Communities) (No 2) [2015] NSWIC 1

Industrial Court New South Wales

Medium Neutral Citation: Brown v State of New South Wales (Department of Education and Communities) (No 2) [2015] NSWIC 1 Hearing dates: 7 November 2014 Date of orders: 23 January 2015 Decision date: 23 January 2015 Before: Boland AJ Decision: The Court makes the following orders:

The respondent shall pay 40 per cent of the applicant's cost as agreed or assessed on a party/party basis.

Indemnity costs are refused.

Interest pursuant to s 101 of the Civil Procedure Act 2005 shall run on Orders (3) and (4) of the judgment in Brown (No 1) from 20 December 2013 and applied to a salary of $51,363.54.

Interest pursuant to s 100 of the Civil Procedure Act 2005 shall run on Orders (3) and (4) of the judgment in Brown (No 1) for the period from 30 March 2011 up to and including 19 December 2013. The rate of interest shall be in accordance with the Supreme Court Scale and applied to a salary of $51,363.54.

The stay order made by consent on 3 February 2014 is dissolved. Catchwords: Costs – Costs in unfair contract proceedings – Multiple issues – Apportionment – Whether indemnity costs warranted – Prejudgment and post-judgment interest Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Cases Cited: Brown v State of New South Wales (Department of Education and Communities) [2013] NSWIRComm 115 Cretney v Director General, New South Wales Department of Education and Training (No 4) [2010] NSWIRComm 17 Gough & Gilmour Holdings Pty Ltd v Caterpillar of Australia Ltd (No 18) [2011] NSWIRComm 87 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Sewell v Zelden (No 2) [2010] NSWSC 1181 State of New South Wales v Gayle Maree Brown [2014] NSWCA 365 Tuholi Pty Limited v Caltex Australia Petroleum Pty Limited (2001) 103 IR 329 Category: Costs Parties: Gaylee Maree Brown (Applicant) State of New South Wales (Department of Education and Communities) (Respondent) Representation: Counsel: Dr J Berwick of counsel (Applicant) A Britt of counsel (Respondent)