Sacked Logan CEO Sharon Kelsey ordered to pay Luke Smith’s costs
The former chief executive of Logan City Council Sharon Kelsey has been ordered to pay costs of about $30,000 to the former mayor Luke Smith in an industrial court ruling today.
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The former chief executive of Logan City Council Sharon Kelsey has been ordered to pay costs of about $30,000 to the former mayor Luke Smith in an Industrial Court ruling today.
Industrial Court Judge Peter Davis handed down his decision on the matter brought when Ms Kelsey initially included the former mayor’s name in an appeal which she later abandoned.
Under the appeal process, Mr Smith’s lawyers had to attend court in May.
The court ordered costs on a standard rate, which is subjected to final negotiations.
Handing down his ruling, Judge Davis said Ms Kelsey started an appeal against several
parties, including Timothy Luke Smith, challenging orders made in the Queensland Industrial Relations Commission by Vice President O’Connor.
When the appeal was formally lodged, Mr Smith’s name was no longer listed in the appeal.
She then abandoned the appeal against Mr Smith who sought costs of the appeal on an indemnity basis.
Mr Smith’s lawyers had to make submissions to the Industrial Court and those costs were also included in the ruling.
The matter arose after QIRC Vice President Daniel O’Connor dismissed Ms Kelsey’s case over her sacking as the council’s CEO in April.
He invited submissions on other orders, including costs and Ms Kelsey lodged an appeal.
This week’s decision only relates to the removal of Mr Smith’s name from Ms Kelsey’s appeal.
In his decision, Judge Davis said that appeal was filed without identification of any error of law.
“After investigation, the appeal was abandoned by Ms Kelsey against Mr Smith, an admission that there were no identifiable grounds which Ms Kelsey chose to mount against him,” he wrote.
“In those circumstances, the appeal was instituted against Mr Smith ‘without reasonable cause’.”
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