Sterling Software (Pacific) Pty Ltd v Chippington [2001] NSWIRComm 214

Industrial Relations Commission of New South Wales in Court Session

CITATION : Sterling Software (Pacific) Pty Ltd v Chippington [2001] NSWIRComm 214 APPELLANTS: Sterling Software (Pacific) Pty Ltd PARTIES : Computer Associates Pty Ltd

RESPONDENT: Raymond John Chippington FILE NUMBER: IRC 2277 of 2001 CORAM: Wright J President; Walton J Vice-President; Boland J CATCHWORDS : Appeal - Unfair contract - Application for leave to appeal and appeal - Alleged failure of trial judge to take into account offer of alternative employment - Alleged failure to deal appropriately with mitigation of damages - Trial judge's decision turned on the particular facts of the case - Particular approach adopted by trial judge - Trial judge's approach open to him as were his conclusions - No issue of principle - Application did not provide vehicle for consideration of issues of principle said to be raised - Leave to appeal refused - Indemnity costs order sought by respondent refused - Costs on usual basis. LEGISLATION CITED : Industrial Relations Act 1996 s 106 CASES CITED : Chippington v Sterling Software (Pacific) Pty Ltd [2001] NSWIRComm 17 Chippington v Sterling Software (Pacific) Pty Ltd (No. 2) [2001] NSWIRComm 47 HEARING DATES: 08/31/2001 EXTEMPORE JUDGMENT DATE : 08/31/2001

APPELLANTS: The Hon J W Shaw QC and Mr J R Clarke of counsel Clayton Utz, Lawyers (Ms Fiona Bigelli) LEGAL REPRESENTATIVES: RESPONDENT: Mr S Crawshaw SC and Ms P F Lowson of counsel Spooner & Hall, Solicitors (Mr Damon Hall)