Broadsand Pty Ltd v The Owners - Strata Plan No.51487 [2001] NSWIRComm 332

Industrial Relations Commission of New South Wales in Court Session

CITATION : Broadsand Pty Ltd v The Owners - Strata Plan No.51487 [2001] NSWIRComm 332 APPLICANT Broadsand Pty Ltd PARTIES : RESPONDENT The Owners - Strata Plan No 51487 FILE NUMBER: IRC 5653 of 2001 CORAM: Marks J CATCHWORDS : Expedition of proceedings - Delay in commencing proceedings - Application rejected because no demonstrated factor beyond the control of the applicant LEGISLATION CITED : Industrial Relations Act 1996 s 106 s 109 CASES CITED : The Owners-Strata Plan No.51487 v Broadsand Pty Ltd (2001) NSWSC 813 Ieremia v Skalkos & Anor (1999) NSWSC 76 (revised 31/08/99) HEARING DATES: 12/10/2001 DATE OF JUDGMENT: 12/13/2001

APPLICANT F C Corsaro SC of counsel SOLICITORS Andreones LEGAL REPRESENTATIVES: RESPONDENT M D Young of counsel SOLICITOR David Le Page

JUDGMENT:

INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Thursday 13 December 2001 Matter No IRC 5653 of 2001 BROADSAND PTY LTD v THE OWNERS - STRATA PLAN No 51487 Application under s106 of the Industrial Relations Act 1996 JUDGMENT ON APPLICATION FOR EXPEDITION 1 In these proceedings the applicant Broadsand Pty Ltd seeks relief under s 106 of the Industrial Relations Act 1996 ("the Act") against the respondent the Owners - Strata Plan No. 51487. The proceedings revolve around and are directed to a document called a Management and Letting Sales Agreement made between the respondent and another company which was ultimately assigned to the applicant by which the applicant was entitled to provide certain services and facilities in connection with premises known as Victoria Tower 197-199 Castlereagh Street Sydney. The proceedings brought under s 106 seek to declare that agreement and the deed of assignment of that agreement unfair and seek that they be varied.