CI & D Manufacturing Pty Limited v The Registrar Industrial Court of New South Wales

CI & D Manufacturing Pty Limited (the applicant) sought judicial review of a decision made by the Registrar of the Industrial Court of New South Wales. The dispute concerned the applicant's entitlement to recover costs in proceedings before the Industrial Court.

The primary legal issue before the Court of Appeal was whether the Registrar had erred in law by refusing to award costs to the applicant, despite the applicant having been successful in its application before the Industrial Court. Specifically, the court had to determine the proper interpretation and application of the relevant provisions of the Industrial Arbitration Act 1940 (NSW) and the rules of the Industrial Court concerning the award of costs.

The Court of Appeal found that the Registrar had misconstrued the relevant legislative provisions. It held that the Industrial Court possessed a broad discretion to award costs, and that in the absence of specific reasons to the contrary, a successful party should generally be awarded their costs. The court emphasised that the discretion to award costs was not unfettered and required proper consideration of the circumstances of the case. The court allowed the appeal, setting aside the Registrar's decision and remitting the matter back to the Industrial Court for redetermination of the costs order.