NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Graeme Logan and anor v Mario J Fairlie and ors [2002] NSWIRComm 324 FIRST APPLICANT/RESPONDENT ON THE MOTION Graeme Logan
SECOND APPLICANT/RESPONDENT ON THE MOTION Logan Partners CorporationPty Ltd
PARTIES : FIRST RESPONDENT/ APPLICANT ON THE MOTION Mario Fairlie
THIRD RESPONDENT/APPLICANT ON THE MOTION Maxjam Services Pty Ltd
SECOND RESPONDENT Semaphore Telecommunications Pty Ltd FILE NUMBER: IRC524 of 2002 CORAM: Peterson J CATCHWORDS : Unfair contract - motion to strike out - whether motion premature - contract or arrangement partly written and partly oral - parol evidence rule - whether circumstances give rise to statutory bar to proceedings - significance of need for evidence to relevant findings of fact - motion dismissed. LEGISLATION CITED : Industrial Relations Act 1996 s106 Property Stock and Business Agents Act 1941 s3 s20(1)(c) s42(1)(c) s42AA(1) Saliba and anor v John Hearder Pty Limited (1986) 15 IR 36 CASES CITED : Fasold v Roberts (1997) 70 FCR 489 Colbron v St Bees Island Pty Ltd (1995) 56 FCR 303. HEARING DATES: 08/13/2002 DATE OF JUDGMENT: 11/29/2002
APPLICANTS/RESPONDENTS ON THE MOTION Mr C Stomo of counsel
SOLICITOR Selby Levitt SYDNEY.
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