Wilkinson v Birdon Group (No 2) [2005] NSWIRComm 224

Wilkinson v Birdon Group (No 2) [2005] NSWIRComm 224

The respondent failed to give appropriate objective consideration to the strengths and limits of its case and made only minimal, unrealistic offers of settlement; this conduct was inconsistent with an intention to settle on a reasonable basis, justifying a costs order against the respondent under s 181(2)(c) of the Act.

Jurisdiction
Australia
Judgment Date
30 June 2005
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of Industrial Relations Act 1996 / Decision on Costs
Outcome
costs ordered against the respondent
Legal Topics
['unfair Dismissal' 'costs' 'settlement Offers']
['industrial Law'] ['unfair Dismissal' 'costs' 'settlement Offers']

Case Brief

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of Industrial Relations Act 1996 / Decision on Costs

Legal Issues

  1. 1 ['Whether the respondent unreasonably failed to agree to a reasonable settlement of the claim, such that a costs order should be made under s 181(2)(c) of the Industrial Relations Act 1996']

Ratio Decidendi

The respondent failed to give appropriate objective consideration to the strengths and limits of its case and made only minimal, unrealistic offers of settlement; this conduct was inconsistent with an intention to settle on a reasonable basis, justifying a costs order against the respondent under s 181(2)(c) of the Act.

Court Disposition

costs ordered against the respondent

Orders

  • ['Birdon Group is ordered to pay to Ms Amy Wilkinson costs as agreed or as taxed by the Registrar within 21 days of the date of this decision.']