Vernon and Broadwall Pty Ltd [2002] NSWIRComm 109

Vernon and Broadwall Pty Ltd [2002] NSWIRComm 109

The criteria in s 181(2)(c) of the Industrial Relations Act 1996 were met because the unfair dismissal application was found to be frivolous or vexatious, more vexatious than frivolous. The earlier extension of time under s 85 did not indicate merit, and costs were not limited to fees charged by legally qualified practitioners. The Commission therefore exercised its discretion to award costs against the applicant, but declined to award indemnity costs.

Jurisdiction
Australia
Judgment Date
23 May 2002
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996; Respondent's Application for Costs / Decision Re Costs After Substantive Proceedings Were Decided in Favour of the Respondent
Outcome
Costs awarded against the applicant in favour of the respondent; indemnity costs refused.
Legal Topics
['unfair Dismissal' 'costs Application' 'frivolous or Vexatious Application' 'extension of Time']
['industrial Relations' 'employment Law' 'costs'] ['unfair Dismissal' 'costs Application' 'frivolous or Vexatious Application' 'extension of Time']

Case Brief

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996; Respondent's Application for Costs / Decision Re Costs After Substantive Proceedings Were Decided in Favour of the Respondent

Legal Issues

  1. 1 ['Whether the unfair dismissal application was frivolous or vexatious within s 181(2)(c) of the Industrial Relations Act 1996 so as to justify an award of costs against the applicant' 'Whether the earlier exercise of discretion under s 85 of the Industrial Relations Act 1996 to admit the application out of time indicated merit in the application' 'Whether costs were limited to costs incurred through engagement of a duly qualified legal practitioner']

Ratio Decidendi

The criteria in s 181(2)(c) of the Industrial Relations Act 1996 were met because the unfair dismissal application was found to be frivolous or vexatious, more vexatious than frivolous. The earlier extension of time under s 85 did not indicate merit, and costs were not limited to fees charged by legally qualified practitioners. The Commission therefore exercised its discretion to award costs against the applicant, but declined to award indemnity costs.

Court Disposition

Costs awarded against the applicant in favour of the respondent; indemnity costs refused.

Orders

  • ['Pursuant to s 181(2)(c) of the Industrial Relations Act 1996 Mr Lee Vernon is ordered to pay to Broadwall Pty Ltd the amount of four thousand six hundred and two dollars and thirty eight cents ($4,602.38) no later than 5 July 2002.']