Favre v Commissioner of Police (No 2) [2024] NSWIRComm 1022

Favre v Commissioner of Police (No 2) [2024] NSWIRComm 1022

The Commission dismissed the costs application because the respondent did not establish any s 181 gateway. The applicant had not unreasonably failed to accept the offers or acted inconsistently with settlement, given the timing and non-compliance issues concerning the Summons, the absence of binding authority on the Order when the offers expired, and the limited compromise offered by requiring resignation and an undertaking never to return to the Force after a lengthy career without compensation. The substantive application was not frivolous or vexatious because it was not hopeless on filing, was not a paltry or trifling matter, and was not shown to have been brought for a collateral...

Jurisdiction
Australia
Judgment Date
15 April 2024
Procedural Posture
Application for Costs Under S 181 of the Industrial Relations Act 1996 (nsw) Following Dismissal of an Application Under S 181 E of the Police Act 1990 (nsw) / Costs Application Heard After the Commission Dismissed the Substantive Application on 18 August 2023
Outcome
The application for costs under s 181 of the Industrial Relations Act 1996 is dismissed.
Legal Topics
['costs Under S 181 of the Industrial Relations Act 1996 (nsw)' 'unreasonable Failure to Agree to Settlement' 'frivolous or Vexatious Proceedings' 'reinstatement Following Removal From NSW Police Force' 'covid 19 Vaccination Directions']
['industrial Relations' 'costs' 'police Employment'] ['costs Under S 181 of the Industrial Relations Act 1996 (nsw)' 'unreasonable Failure to Agree to Settlement' 'frivolous or Vexatious Proceedings' 'reinstatement Following Removal From NSW Police Force' 'covid 19 Vaccination Directions']

Case Brief

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Procedural Posture

Application for Costs Under S 181 of the Industrial Relations Act 1996 (nsw) Following Dismissal of an Application Under S 181 E of the Police Act 1990 (nsw) / Costs Application Heard After the Commission Dismissed the Substantive Application on 18 August 2023

Legal Issues

  1. 1 ['Whether the applicant unreasonably failed to agree to a settlement of the claim for the purposes of s 181(2)(c) of the Industrial Relations Act 1996 (NSW).' "Whether the applicant's conduct was inconsistent with an intention to settle the proceedings on any reasonable basis." 'Whether the substantive application was frivolous or vexatious.' 'Whether the Commission should exercise its discretion to award the respondent a lump sum costs order.']

Ratio Decidendi

The Commission dismissed the costs application because the respondent did not establish any s 181 gateway. The applicant had not unreasonably failed to accept the offers or acted inconsistently with settlement, given the timing and non-compliance issues concerning the Summons, the absence of binding authority on the Order when the offers expired, and the limited compromise offered by requiring resignation and an undertaking never to return to the Force after a lengthy career without compensation. The substantive application was not frivolous or vexatious because it was not hopeless on filing, was not a paltry or trifling matter, and was not shown to have been brought for a collateral...

Court Disposition

The application for costs under s 181 of the Industrial Relations Act 1996 is dismissed.

Orders

  • ['The application for costs under s 181 of the Industrial Relations Act 1996 is dismissed.']