| Summary |
COSTS - Withdrawn application of Breach of Contract - No investigation meeting - Applicant claimed respondent breached implied term in employment agreement causing it loss, therefore respondent obliged to pay damages - Respondent denied liability for loss suffered, submitting parties had agreed to final resolution of all employment matters in 2005 - Applicant's solicitors not aware of full and final settlement, application eventually withdrawn - Respondent sought indemnity costs for defending proceedings and applicant's resistance to that - Applicant submitted respondent failed to respond to queries which could have prevented proceedings being filed - Authority found oversight of settlement not fault of respondent but of applicant - Proceeding should never have been initiated - Respondent submitted legal costs were $2,000 - Costs found to be excessive to defend proceedings - Award of $750 costs appropriate |