Bell and Berg v Macquarie Bank Ltd and Another [2003] NSWIRComm 363

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bell and Berg v Macquarie Bank Ltd and Another [2003] NSWIRComm 363 revised - 31/10/2003 APPELLANT Michael Charles Bell

PARTIES : FIRST RESPONDENT Macquarie Bank Ltd

SECOND RESPONDENT Macquarie International Capital Markets Ltd FILE NUMBER: IRC 5638 of 2002 CORAM: Walton J Vice-President; Boland J; Curtis AJ Appeal - Leave to appeal - Unfair contract - Whether s 109A of Industrial Relations Act 1996 has the effect of excluding from consideration under s106 of that Act the question of procedural fairness - Error at first instance - Leave to appeal refused - Appeal dismissed - Costs CATCHWORDS : Unfair Contract - Leave - Leave to appeal - Whether s 109A of Industrial Relations Act 1996 has the effect of excluding from consideration under s106 of that Act the question of procedural fairness - Error at first instance - Leave to appeal refused - Appeal dismissed - Costs LEGISLATION CITED : Industrial Relations Act 1996 s188 Abboud v The State of New South Wales (NSW Department of School Education) (1999) 92 IR 32 CASES CITED : Box Valley Pty Ltd v Price (2000) 97 IR 484 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited [2003] NSWIRComm 211 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 HEARING DATES: 10/23/2003 EXTEMPORE JUDGMENT DATE : 10/23/2003

APPELLANT Mr J M Ireland QC, Mr R Dalgleish of counsel Solicitor: Mr R Tassell Verekers Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr R M Goot AM SC with Mr I Neil of counsel Solicitor: Ms S Vass Abbott Tout