Margaritte Joanne Colefax v Secretary, Department of Education (No 4) [2019] NSWIRComm 1017

Industrial Relations Commission New South Wales Medium Neutral Citation: Margaritte Joanne Colefax v Secretary, Department of Education (No 4) [2019] NSWIRComm 1017 Hearing dates: Decision made on the papers Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Stanton, Commissioner Sloan Decision: The appellant is to pay the respondent's costs of the appeal proceedings on a party and party basis as agreed or assessed Catchwords: COSTS – appeal – leave to appeal refused – application for costs including indemnity costs – principles to apply – whether appellant unreasonably failed to settle – whether appellant instituted proceedings without reasonable cause Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Industrial Relations Act 1996 (NSW) ss 84, 89(5), 181 Teaching Service Act 1980 (NSW) s 76 Cases Cited: Colefax v Secretary, Department of Education [2018] NSWIRComm 1033 Colefax v Secretary, Department of Education; (No. 2) [2018] NSWIRComm 1043 Cooma Rural Lands Protection Board v Phillips and Greenwood [2005] NSWIRComm 313 Deng v Lieu (No 2) [2009] NSWIRComm 85 Dr A v Health District (No 4) [2014] NSWIRComm 56 Four Sons Pty Limited v Sakchai Limsiripothong (No 2) [2000] NSWIRComm 131 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers, Western Australian Branch and Anor (No 2) (1992) 46 IR 301 Margaritte Joanne Colefax v Secretary, Department of Education (No 3) [2019] NSWIRComm 1000 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Category: Costs Parties: Margaritte Joanne Colefax (Appellant)