Transport Workers' Union of New South Wales (on behalf of S & L Bozinovski Pty Ltd and MJW Transport Pty Ltd) and Glen Cameron Nominees Pty Ltd [2008] NSWIRComm 38

Transport Workers' Union of New South Wales (on behalf of S & L Bozinovski Pty Ltd and MJW Transport Pty Ltd) and Glen Cameron Nominees Pty Ltd [2008] NSWIRComm 38

The Union commenced the compensation proceedings when, on their own evidence and admissions, it was clear that the respondent did not require a goodwill or premium payment as a precondition for engaging contract carriers. As this was known prior to the proceedings and was fatal to the jurisdictional foundation of the claims, the applications were commenced without reasonable cause. The threshold for costs in s 353(1) was therefore met, justifying a costs order against the Union.

Jurisdiction
Australia
Judgment Date
03 March 2008
Procedural Posture
Application for Costs Under Industrial Relations Act 1996, Contract of Carriage Tribunal Proceedings / Decision on Notice of Motion for Costs Following Dismissal of Original Compensation Applications
Outcome
Costs order against the Transport Workers' Union of New South Wales; applications commenced without reasonable cause.
Legal Topics
['costs Orders' 'frivolous or Vexatious Proceedings' 'jurisdiction of Contract of Carriage Tribunal']
['industrial Law' 'employment Law'] ['costs Orders' 'frivolous or Vexatious Proceedings' 'jurisdiction of Contract of Carriage Tribunal']

Case Brief

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Procedural Posture

Application for Costs Under Industrial Relations Act 1996, Contract of Carriage Tribunal Proceedings / Decision on Notice of Motion for Costs Following Dismissal of Original Compensation Applications

Legal Issues

  1. 1 ["Whether the applicants' (Union's) original compensation applications were 'frivolous', 'vexatious', or 'commenced without reasonable cause' under s 353(1) Industrial Relations Act 1996" 'Whether the Tribunal has the power to determine amount and parties affected by a costs order' 'Whether costs should be ordered as agreed, assessed, or fixed by the Tribunal']

Ratio Decidendi

The Union commenced the compensation proceedings when, on their own evidence and admissions, it was clear that the respondent did not require a goodwill or premium payment as a precondition for engaging contract carriers. As this was known prior to the proceedings and was fatal to the jurisdictional foundation of the claims, the applications were commenced without reasonable cause. The threshold for costs in s 353(1) was therefore met, justifying a costs order against the Union.

Court Disposition

Costs order against the Transport Workers' Union of New South Wales; applications commenced without reasonable cause.

Orders

  • ["The Transport Workers' Union of New South Wales shall pay Glen Cameron Nominees Pty Ltd an amount of $6,000, being costs in matters IRC64 and IRC65 of 2007, including the costs of the motion."]