Paul Sleap and ABB Administrative Services Pty Limited [2007] NSWIRComm 1065

Paul Sleap and ABB Administrative Services Pty Limited [2007] NSWIRComm 1065

The Commission found that the employee made out his claim for costs pursuant to s.181(2)(c) of the Industrial Relations Act 1996, but rejected the claim for indemnity costs; party to party costs were ordered for work carried out in respect of the proceedings from 13 May 2006 up to 13 July 2007.

Jurisdiction
Australia
Judgment Date
31 October 2007
Procedural Posture
Unfair Dismissal Application; Costs Application / Decision on Costs
Outcome
Costs application successful in part; indemnity costs refused and party to party costs ordered.
Legal Topics
['unfair Dismissal' 'unreasonable Failure to Settle' 'party to Party Costs' 'indemnity Costs']
['industrial Relations' 'employment Law' 'costs'] ['unfair Dismissal' 'unreasonable Failure to Settle' 'party to Party Costs' 'indemnity Costs']

Case Brief

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Procedural Posture

Unfair Dismissal Application; Costs Application / Decision on Costs

Legal Issues

  1. 1 ['Whether the employer unreasonably failed to settle for the purposes of s.181(2)(c) of the Industrial Relations Act 1996.' 'Whether the employee should receive costs on an indemnity basis or on a party to party basis.']

Ratio Decidendi

The Commission found that the employee made out his claim for costs pursuant to s.181(2)(c) of the Industrial Relations Act 1996, but rejected the claim for indemnity costs; party to party costs were ordered for work carried out in respect of the proceedings from 13 May 2006 up to 13 July 2007.

Court Disposition

Costs application successful in part; indemnity costs refused and party to party costs ordered.

Orders

  • ["The employer (ABB Administrative Services Pty Limited) is to pay the employee's (Paul Sleap) costs, on a party to party basis, as agreed or as assessed for all work carried out in respect to proceedings from 13 May 2006 up to 13 July 2007." 'Unless assessment of the amount of costs as provided for in the above...