costs on punitive scalewasted costswithdrawal of labour applicationordinary scale costs
Tags
costswithdrawal of applicationwasted costspunitive costs
legislation
Statutes Cited
None – the court decided the issue on common-law cost principles alone; no statutory provision is mentioned.
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether punitive costs should be awarded against an employee who withdraws a labour application without tendering wasted costs","issue_type":"procedural","dispositive":"yes","related_facts":"Second withdrawal without tendering costs; applicant now legally represented"}
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background
Facts of the Case
Background
The applicant employee filed a notice to withdraw a labour application without tendering wasted costs. The respondent employer sought punitive costs on the basis that this was the second time the applicant had withdrawn proceedings without tendering costs, and he was now legally represented. The applicant conceded the earlier withdrawal but argued for ordinary scale costs only.
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