Clive Gannon & Associates v Property Sales Association of Queensland, Union of Employees [2005] ICQ 29 (2005) 179 QGIG 365

[Extract from Queensland Government Industrial Gazette, dated 1 July, 2005, Vol. 179, No.10, pages 365-366] INDUSTRIAL COURT OF QUEENSLAND Industrial Relations Act 1999 – s. 34 – appeal against decision of industrial magistrate Clive Gannon & Associates AND Property Sales Association of Queensland, Union of Employees (No. C27 of 2005) PRESIDENT HALL 21 June 2005 REPORT ON DECISION (as edited) In giving his decision from the Bench on 16 June 2005, the President stated: “I am satisfied this appeal was made in circumstances in which it had no objective prospect of success. It follows that the power to award costs vested by s. 335 of the Industrial Relations Act 1999 has been triggered. I order the Appellant to pay the Respondent’s costs of and incidental to the appeal, such costs to be assessed by the Industrial Registrar (in the absence of any agreement between the parties) in the same way that the costs would be assessed if this was a matter in the Supreme Court of Queensland.”. Dated 21 June 2005. By the Court, [L.S.] G.D. SAVILL, Industrial Registrar. Released: 21 June 2005 Appearances: Mr C. Gannon, the Appellant. Mr K. Watson, directly instructed by Mr B. Gannon of the Property Sales Association of Queensland, Union of Employees. Government Printer, Queensland The State of Queensland 2005. -- 1 of 1 --