HAZEL LANG AND REID AND VASELY Application by Hazel Lang re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 - Application by Reid and Vasely for an order as to costs [2000] NSWIRComm 23

HAZEL LANG AND REID AND VASELY Application by Hazel Lang re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 - Application by Reid and Vasely for an order as to costs [2000] NSWIRComm 23

The applicant's claim for unfair dismissal was both frivolous and vexatious as she knowingly pursued a futile case in disregard of jurisdictional barriers and refused to engage with the process or directions; accordingly, costs are awarded against her, but not on an indemnity basis as the case is not sufficiently out of the usual.

Jurisdiction
Australia
Judgment Date
16 March 2000
Procedural Posture
Unfair Dismissal and Costs Application / Decision on Costs After Dismissal of Unfair Dismissal Application
Outcome
Costs application granted in part; costs awarded against applicant but not on indemnity basis.
Legal Topics
['unfair Dismissal' 'jurisdiction of Commission' 'costs Orders' 'indemnity Costs' 'frivolous or Vexatious Proceedings']
['employment Law' 'industrial Relations'] ['unfair Dismissal' 'jurisdiction of Commission' 'costs Orders' 'indemnity Costs' 'frivolous or Vexatious Proceedings']

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Procedural Posture

Unfair Dismissal and Costs Application / Decision on Costs After Dismissal of Unfair Dismissal Application

Legal Issues

  1. 1 ["Whether applicant's unfair dismissal application was frivolous or vexatious" 'Whether costs should be awarded against applicant under s181(2)(c) of the Industrial Relations Act 1996' 'Whether indemnity costs are appropriate']

Ratio Decidendi

The applicant's claim for unfair dismissal was both frivolous and vexatious as she knowingly pursued a futile case in disregard of jurisdictional barriers and refused to engage with the process or directions; accordingly, costs are awarded against her, but not on an indemnity basis as the case is not sufficiently out of the usual.

Court Disposition

Costs application granted in part; costs awarded against applicant but not on indemnity basis.

Orders

  • ['The applicant, Ms Hazel Lang, shall pay the costs of the respondent in a sum as agreed, or assessed in respect of (a) the proceedings as they relate to the substantive hearing on 3 September 1999; and (b) insofar as they relate to the proceedings relevant to the application for costs.' 'This order shall take...