Carlton and United Beverages Limited & Brunt [2007] NSWIRComm 135

Carlton and United Beverages Limited & Brunt [2007] NSWIRComm 135

The respondent's application for costs was dismissed because the statutory preconditions for costs under s181(2)(c) of the Industrial Relations Act 1996 were not established. The appellant was found not to have unreasonably refused to settle, having made generous settlement offers and not evincing an intention to avoid settlement. The respondent's own offers were essentially invitations to capitulate, and not proper compromises.

Jurisdiction
Australia
Judgment Date
04 June 2007
Procedural Posture
Notice of Motion for Costs in Unfair Dismissal Appeal Proceedings / Determination of Costs Application Following Appeal and Remittal
Outcome
application for costs dismissed
Legal Topics
['costs Applications' 'unfair Dismissal' 'settlement Offers' 'exercise of Discretion Under Industrial Relations Act 1996']
['industrial Relations' 'employment Law'] ['costs Applications' 'unfair Dismissal' 'settlement Offers' 'exercise of Discretion Under Industrial Relations Act 1996']

Case Brief

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Procedural Posture

Notice of Motion for Costs in Unfair Dismissal Appeal Proceedings / Determination of Costs Application Following Appeal and Remittal

Legal Issues

  1. 1 ['Whether the appellant unreasonably failed to settle the unfair dismissal claim under s181(2)(c) of the Industrial Relations Act 1996' 'Whether the respondent is entitled to a costs order for the appeal and related proceedings']

Ratio Decidendi

The respondent's application for costs was dismissed because the statutory preconditions for costs under s181(2)(c) of the Industrial Relations Act 1996 were not established. The appellant was found not to have unreasonably refused to settle, having made generous settlement offers and not evincing an intention to avoid settlement. The respondent's own offers were essentially invitations to capitulate, and not proper compromises.

Court Disposition

application for costs dismissed

Orders

  • ["The respondent's notice of motion dated 10 April 2007 is dismissed."]