Chippington v Sterling Software (Pacific) Pty Ltd and Anor [2001] NSWIRComm 47

Chippington v Sterling Software (Pacific) Pty Ltd and Anor [2001] NSWIRComm 47

No case was made out for departure from Rule 216(4); the applicant made a reasonable offer of compromise, obtained a more favourable judgment, and the rule operates to require an indemnity costs order; inclusion of commission and other components in redundancy calculation was not a novel approach as contended.

Parties
Applicant: Raymond John Chippington; First Respondent: Sterling Software (Pacific) Pty Ltd; Second Respondent: Computer Associates Pty Ltd
Jurisdiction
Australia
Judgment Date
22 March 2001
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Costs Order Following Judgment
Outcome
Order for indemnity costs in favour of the applicant
Legal Topics
Costs, Offer of Compromise, Unfair Contract, Severance Pay, Redundancy Payments
Industrial Law Costs Offer of Compromise Unfair Contract Severance Pay Redundancy Payments

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Parties

Raymond John Chippington

Applicant

Sterling Software (Pacific) Pty Ltd

First Respondent

Computer Associates Pty Ltd

Second Respondent

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Costs Order Following Judgment

Legal Issues

  1. 1 Whether an indemnity costs order should be made following offer of compromise
  2. 2 Whether the contract of employment was unfair for not including commission and other components in severance pay calculations

Ratio Decidendi

No case was made out for departure from Rule 216(4); the applicant made a reasonable offer of compromise, obtained a more favourable judgment, and the rule operates to require an indemnity costs order; inclusion of commission and other components in redundancy calculation was not a novel approach as contended.

Court Disposition

Order for indemnity costs in favour of the applicant

Orders

  • The Respondents to pay the Applicant's costs, such costs to be on an indemnity basis for work performed after 4 August 2000.