Choy v Bradley & Ors; Prowse v Bradley & Ors [2007] QIRC 51 (2007) 185 QGIG 92

[Extract from Queensland Government Industrial Gazette, dated 8 June, 2007, Vol. 185, No. 6, page 92] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 276 - application to vary or void a contract s. 335 - general power to award costs Elijah Choy AND Mark Bradley, Vicki Bradley, Tralee Investments Pty Limited, Tralee Asset Management Pty Ltd, Information Integration Pty Ltd and Data Liberation Pty Ltd (B/2004/683) AND Cory Prowse AND Mark Bradley, Vicki Bradley, Tralee Investments Pty Limited, Tralee Asset Management Pty Ltd, Information Integration Pty Ltd and Data Liberation Pty Ltd (B/2004/684) COMMISSIONER BECHLY 30 May 2007 DECISION Applications for costs have been made by the applicants against the respondents in these matters. A number of such applications have been made at various times during the protracted period during which the applicants have attempted to progress the matters. The matters have been before the Commission on some 18 occasions with little being achieved largely because of the respondents unavailability. The applicants seek costs for 12 hearing dates when they were represented by Counsel or solicitors but when the matter could not be progressed because the respondents were not available or prepared to proceed. Details of these costs have been provided to the respondents through their solicitors who then acted on their behalf. The costs sought are moderate. On some of the dates complained of, Mr Bradley was unavailable to attend because of illness either of himself or his father. Mr Bradley had taken it on himself to represent the respondents. It would seem that Mr Bradley is the principal respondent, in the sense of knowledge of the events surrounding the employment of the applicants, but not the only respondent. Still it would have been a reasonable expectation that other representation be secured to enable the matter to progress in a more timely fashion. The applicants have sought costs totalling $8,163.68. Taking the above into account, a global sum of $7,000.00 would be reasonable. The respondents are ordered to pay costs in the sum of $7,000.00 to the applicants within 30 days of the publication of this decision. Order accordingly. R.E. BECHLY, Commissioner. Hearing Details: 2007 10 May Released: 30 May 2007 Appearances: Mr B. Buffoni of Harmers Workplace Lawyers on behalf of the applicants. Mr M. Bradley on behalf of the respondents. Government Printer, Queensland The State of Queensland 2007. -- 1 of 1 --