Storey v Commissioner of Police [2019] NSWIRComm 1050

Industrial Relations Commission New South Wales Medium Neutral Citation: Storey v Commissioner of Police [2019] NSWIRComm 1050 Hearing dates: Decision made on the papers Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: The respondent's application for the costs of and incidental to the summons to produce filed by the applicant on 25 January 2019 and the respondent's notice to produce heard 7 March 2019 is dismissed Catchwords: COSTS – whether categories of summons issued were frivolous or vexatious – whether summons instituted without reasonable cause – whether matter in which Commission would exercise discretion to award costs Legislation Cited: Industrial Relations Act 1996 (NSW) s 181 Police Act 1990 (NSW) s 181D, 181E Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Dr A v Health District (No 4) [2014] NSWIRComm 56 New South Wales Independent Education Union and Allambia Pty Ltd [2000] NSWIRComm 177 Imogen Pty Ltd v Sangwin (1996) 70 IR 254 Peden v Lake Macquarie Refrigeration Pty Ltd (2003) 134 IR 149 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Tapia v Emibarb Pty Ltd t/as Lagoon Seafood Restaurant [2005] NSWIRComm 232 Texts Cited: Macquarie Dictionary Online, Seventh Edition Category: Procedural and other rulings Parties: Justin Storey (applicant/respondent to the costs application) Commissioner of Police (respondent/applicant for costs) Representation: Counsel: O Fagir (respondent)