Malek -v- Ballace Pty Ltd t.as Divisional Security (No.2) [2006] NSWIRComm 1138

Malek -v- Ballace Pty Ltd t.as Divisional Security (No.2) [2006] NSWIRComm 1138

The costs application was dismissed because the applicant did not establish the necessary legislative prerequisites in section 181(2)(c) of the Industrial Relations Act 1996 [NSW], in particular that the respondent had unreasonably failed to agree to a settlement of the claim.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 2006
Procedural Posture
Application Pursuant to Section 84 of the Industrial Relations Act 1996 [nsw] Re Unfair Dismissal / Decision on Costs After Primary Determination
Outcome
Application for costs dismissed; proceedings concluded.
Legal Topics
['unfair Dismissal' 'termination of Employment' 'costs']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'termination of Employment' 'costs']

Source-derived case record

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Procedural Posture

Application Pursuant to Section 84 of the Industrial Relations Act 1996 [nsw] Re Unfair Dismissal / Decision on Costs After Primary Determination

Legal Issues

  1. 1 ["Whether the applicant's claim for costs should be allowed." 'Whether the applicant established the necessary legislative prerequisites in section 181(2)(c) of the Industrial Relations Act 1996 [NSW], including that the respondent had unreasonably failed to agree to a settlement of the claim.']

Ratio Decidendi

The costs application was dismissed because the applicant did not establish the necessary legislative prerequisites in section 181(2)(c) of the Industrial Relations Act 1996 [NSW], in particular that the respondent had unreasonably failed to agree to a settlement of the claim.

Court Disposition

Application for costs dismissed; proceedings concluded.

Orders

  • ['The Commission confirms the extempore Determination made during proceedings held on 10 August 2006.' "The applicant's claim for Costs is dismissed."]