NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Darrow v FreshFood Management Services Pty Limited [2003] NSWIRComm 383 APPLICANT Jason Byron Darrow PARTIES : RESPONDENT FreshFood Management Services Pty Limited FILE NUMBER: IRC1976 of 2003 CORAM: Peterson J CATCHWORDS : Costs - Unfair contract - Restraint of trade period reduced by order - Discretion to award costs - Apportionment of costs - Costs on notice of motion seeking final relief on an interlocutory basis - Motion not proceeded with - Costs thrown away. LEGISLATION CITED : Industrial Relations Act 1996 ss 106 181 Gambotto v John Fairfax Publications Pty Limited [2001] NSWIRComm 249, 12 October 2001, unreported Lane v Commonwealth Bank of Australia [2001] NSWIRComm 57, 3 April 2001, unreported CASES CITED : Pym v Oracle Corporation & 2 Ors [2003] NSWIRComm 299, 17 October 2003, unreported Elliott v Royal Motor Yacht Club of New South Wales, Newcastle Branch (1988) 42 IR 35 Gabor Martin Nargy and anor v Master Dairy Limited [1988] FCA 104, 20 February 1988 HEARING DATES: 10/29/2003 DATE OF JUDGMENT: 11/14/2003
APPLICANT Mr I Taylor of counsel
SOLICITOR Swebeck Legal BONDI. LEGAL REPRESENTATIVES: RESPONDENT Mr J Clarke of counsel
SOLICITOR Clayton Utz SYDNEY.
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