Baldwin v Mark Lindsay Buglar Department of Industrial Relations (No.2) [2005] ICQ 12 (2005) 178 QGIG 269

[Extract from Queensland Government Industrial Gazette, dated 24 March, 2005, Vol. 178, No.12, page 269] INDUSTRIAL COURT OF QUEENSLAND Industrial Relations Act 1999 – s. 335 – application for costs Geoffrey Baldwin AND Mark Lindsay Buglar Department of Industrial Relations (No.2) (Case No. C89 of 2004) PRESIDENT HALL 11 March 2005 DECISION By a decision given on transcript on 17 February 2005, I dismissed an appeal against the Queensland Industrial Relations Commission. The appeal was incompetent. It was not an appeal on the ground of error of law. It was not an appeal about jurisdiction. It was an attempt to reargue a matter involving the exercise of discretion in the circumstances where Rule 63 of the Industrial Relations (Tribunals) Rules 2000 provided quite a different avenue of redress. The short comings in the case were objectively recognisable. The power to award costs at s. 335 of the Industrial Relations Act 1999 is enlivened. Whilst one can always feel sympathy for a self-represented litigant, it is a principal purpose of s. 335 to protect innocent parties against the cost of meeting unreasonably launched appeals. I order the Appellant to pay to the Respondent the costs of and incidental to the appeal assessed by the Industrial Registrar as if the appeal had been an appeal in the Supreme Court of Queensland. Dated 11 March 2005. D.R. HALL, President. Appearances: Released: 11 March 2005 The Appellant in person. Mr C. Murdoch instructed by Crown Law for the Respondent. Government Printer, Queensland The State of Queensland 2005. -- 1 of 1 --