Cocksedge v. Centenary Hill Pre-School [2005] NSWIRComm 1076

Cocksedge v. Centenary Hill Pre-School [2005] NSWIRComm 1076

The applicant did not make out a case that the respondent's conduct amounted to an unreasonable failure to settle within S.181(2)(c). The threshold for costs in Part 6 proceedings is high, and a party is entitled to have the dispute determined by arbitration rather than being penalised for not settling.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 June 2005
Procedural Posture
Application for Costs Under S.181 of the Industrial Relations Act, 1996 Following Part 6 Unfair Dismissal Proceedings / Supplementary Decision
Outcome
Costs application dismissed.
Legal Topics
['unfair Dismissal' 'unreasonable Failure to Settle' 'conciliation' 'arbitration' 'costs Under Part 6']
['industrial Relations' 'employment Law' 'costs'] ['unfair Dismissal' 'unreasonable Failure to Settle' 'conciliation' 'arbitration' 'costs Under Part 6']

Source-derived case record

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Procedural Posture

Application for Costs Under S.181 of the Industrial Relations Act, 1996 Following Part 6 Unfair Dismissal Proceedings / Supplementary Decision

Legal Issues

  1. 1 ["Whether costs should be awarded against the respondent under S.181(2)(c) on the basis of an unreasonable failure to agree to a settlement of the applicant's Part 6 unfair dismissal claim."]

Ratio Decidendi

The applicant did not make out a case that the respondent's conduct amounted to an unreasonable failure to settle within S.181(2)(c). The threshold for costs in Part 6 proceedings is high, and a party is entitled to have the dispute determined by arbitration rather than being penalised for not settling.

Court Disposition

Costs application dismissed.

Orders

  • ['The application for costs is dismissed.']