Briscoe-Hough v Edward River Council (No. 2) [2023] NSWIRComm 1092

Briscoe-Hough v Edward River Council (No. 2) [2023] NSWIRComm 1092

The Full Bench declined to exercise its discretion to award costs, taking into account that the appellant genuinely believed there was public interest in the appeal, he was self-represented, and the matter was quickly resolved with minimal burden to the respondent.

Parties
Appellant: Gregory James Briscoe-Hough; Respondent: Edward River Council
Jurisdiction
Australia
Judgment Date
05 September 2023
Procedural Posture
Appeal / Costs Application After Leave to Appeal Refused
Outcome
costs application dismissed
Legal Topics
Appeals, Costs Discretionary Power, Self Represented Litigants
Industrial Relations Costs Appeals Costs Discretionary Power Self Represented Litigants

Case Brief

Summary, issues, holding and outcome

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Parties

Gregory James Briscoe-Hough

Appellant

Edward River Council

Respondent

Procedural Posture

Appeal / Costs Application After Leave to Appeal Refused

Legal Issues

  1. 1 Whether costs should be awarded against appellant after unsuccessful leave to appeal
  2. 2 Whether appellant instituted proceedings without reasonable cause under s 181(2)(b) of the Industrial Relations Act 1996 (NSW)

Ratio Decidendi

The Full Bench declined to exercise its discretion to award costs, taking into account that the appellant genuinely believed there was public interest in the appeal, he was self-represented, and the matter was quickly resolved with minimal burden to the respondent.

Court Disposition

costs application dismissed

Orders

  • The respondent's application for costs in the appeal is dismissed.