NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Gaite v Commissioner of Fire and Rescue NSW (No 2) [2019] NSWIRComm 1089 Hearing dates: 28 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The application for costs is dismissed Catchwords: COSTS – party/party – unfair dismissal – application for costs – senior firefighter reinstated – alleged unreasonable failure to agree to a settlement – no evidence of settlement negotiations – whether Commission can draw inference from conduct of case that respondent had no intention to settle Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 89(3), 181 Cases Cited: Bankstown City Council v Paris (1999) 93 IR 209 Carlton and United Beverages Limited & Brunt [2007] NSWIRComm 135 Dr A v Health District (No 4) [2014] NSWIRComm 56 Four Sons Pty Limited v Sakchai Limsiripothong (No 2) [2000] NSWIRComm 131 Gaite v Commissioner of Fire and Rescue NSW [2019] NSWIRComm 1070 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Category: Costs Parties: Nicholas Gaite (Applicant)
Commissioner of Fire and Rescue NSW (Respondent) Representation: Counsel:
J Hyde (Applicant)
Solicitors:
Walter Madden Jenkins (Applicant)
People & Culture Directorate, Fire & Rescue NSW (Respondent) File Number(s): 2019/31789 Publication restriction: Nil
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