Holt v Kirby [2003] NSWIRComm 164

Industrial Relations Commission of New South Wales in Court Session

CITATION : Holt v Kirby [2003] NSWIRComm 164 APPLICANT Miles Edward Holt PARTIES : RESPONDENT David William Kirby FILE NUMBER: IRC 2071 of 2002 CORAM: Marks J CATCHWORDS : Unfair contract - Application for security for costs against applicant who resides in UK and does not hold any assets in Australia - Security granted to cover cost of enforcement of orders in UK. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Knott v Signature Security Group Pty Ltd (2001) 104 IR 84 Barton v Minister for Foreign Affairs (1984) 54 ALR 486 HEARING DATES: 04/14/2003 DATE OF JUDGMENT: 05/29/2003

APPLICANT Mr P C Coleman of counsel SOLICITORS Baldock Stacy & Niven LEGAL REPRESENTATIVES: RESPONDENT Mr M K Condon of counsel SOLICITORS Graham Billing & Co

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Thursday 29 May 2003 Matter No IRC 2071 of 2002 MYLES EDWARD HOLT v DAVID WILLIAM KIRBY Application under s 106 of the Industrial Relations Act 1996

JUDGMENT ON APPLICATION FOR SECURITY FOR COSTS

1 The applicant Myles Edward Holt has brought proceedings against the respondent David William Kirby claiming certain relief under s 106 of the Industrial Relations Act 1996 ("the Act"). The proceedings arise out of the employment by the respondent of the applicant as a dental surgeon. The applicant alleges that he was forced to terminate his employment, alleges relevant unfairness in and about the contract of employment and has claimed certain monetary compensation. The respondent disputes the claim.