Vandyk v Classic Dove Pty Ltd [1996] IRCA 460

Vandyk v Classic Dove Pty Ltd [1996] IRCA 460

The proceedings were issued without reasonable cause as court jurisdiction was clearly precluded, thus it is appropriate to exercise discretion to order reasonable costs in a fixed sum.

Source-derived case information.

Parties
Applicant: Joanne Elizabeth VANDYK; Respondent: CLASSIC DOVE PTY LTD
Jurisdiction
Australia
Judgment Date
16 September 1996
Procedural Posture
Costs Application Following Dismissal of Section 170 EA Application / Post Judgment; Costs Determination
Outcome
Costs ordered against applicant
Legal Topics
Unlawful Termination, Costs
Industrial Law Unlawful Termination Costs

Source-derived case record

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Parties

Joanne Elizabeth VANDYK

Applicant

CLASSIC DOVE PTY LTD

Respondent

Procedural Posture

Costs Application Following Dismissal of Section 170 EA Application / Post Judgment; Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded against the applicant after dismissal for want of jurisdiction
  2. 2 Whether the application was issued without reasonable cause

Ratio Decidendi

The proceedings were issued without reasonable cause as court jurisdiction was clearly precluded, thus it is appropriate to exercise discretion to order reasonable costs in a fixed sum.

Court Disposition

Costs ordered against applicant

Orders

  • Applicant pay to Respondent costs in the sum of $1000.00 pursuant to Order 62 Rule 1(b) of the Industrial Relations Court Rules
  • Payment to be made within 120 days