Emma Williams v Health Services Union NSW ABN 85037751682 and Anor (No. 2) [2019] NSWIRComm 1044
While the applicant was unsuccessful and failed to meet the evidentiary burden, the proceedings were not brought without reasonable cause due to the legal complexity and arguable points of law; therefore, the application for costs must be dismissed both because the 'without reasonable cause' threshold was not met and in any event, discretion would not be exercised to award costs.
- Jurisdiction
- Australia
- Judgment Date
- 09 July 2019
- Procedural Posture
- Application for Costs / Decision on Costs After Dismissal of Substantive Application
- Outcome
- Application for costs dismissed
- Legal Topics
- ['costs' 'work Health and Safety' 'external Review' 'standing (eligibility)']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Costs / Decision on Costs After Dismissal of Substantive Application
Legal Issues
- 1 ['Whether the applicant instituted proceedings without reasonable cause under s 181(2)(b) of the Industrial Relations Act 1996 (NSW)' 'Whether the Commission should exercise its discretion to award costs in the circumstances']
Ratio Decidendi
While the applicant was unsuccessful and failed to meet the evidentiary burden, the proceedings were not brought without reasonable cause due to the legal complexity and arguable points of law; therefore, the application for costs must be dismissed both because the 'without reasonable cause' threshold was not met and in any event, discretion would not be exercised to award costs.
Court Disposition
Application for costs dismissed
Orders
- ['The application for costs is dismissed.']
Full Case Text
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