Court: IACt(WA) Judges: Pullin, Buss and Le Miere JJ Judgment Date: 22/11/2010 In this document: Catchwords & Digest Litigation History Cases referring to this case Cases considered by this case Legislation considered by this case Catchwords & Digest · Learn more Practice and procedure — Costs — Unsuccessful appeal — Frivolous or vexatious Application for costs orders. Western Australian Industrial Relations Commission concluded respondent Police Commissioner's decision to remove applicant from office as police officer harsh, oppressive and unfair. Supreme Court of Western Australia Court of Appeal dismissed respondent's appeal on grounds had no jurisdiction to hear grounds of appeal. Applicant sought order that respondent pay costs of appeal under (WA) Industrial Relations Act 1979 s 86(2). Proceedings must have been frivolously or vexatiously instituted to warrant costs order under s 86(2). Lack of success or prospect of lack of success not sufficient to constitute frivolous or vexatious litigation. Respondent's grounds of appeal not so obviously untenable that appeal had no prospects of success. Application dismissed.