Burgess and Ors v Mount Thorley Operation Pty Ltd (No 2) [2004] NSWIRComm 180

Industrial Relations Commission of New South Wales in Court Session

CITATION : Burgess and Ors v Mount Thorley Operation Pty Ltd (No 2) [2004] NSWIRComm 180 APPELLANTS Michael John Burgess Geoffrey Ian Bright Ross Allen Brown John Douglas Cuddigan Barry Fong Leslie James Irvine William Robert Hoye PARTIES : Rodney William Jones Charles Anthony Mitchell Michael Matthew Phillips Michael Bruce Sampson Marvyn Smith Frederick George Veigel Raymond Gordon Wills

RESPONDENT Mount Thorley Operations Pty Limited FILE NUMBER: IRC 3321-3334 of 2002 & IRC 1369 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J CATCHWORDS : Appeal - Application for leave to appeal and appeal - Appellants unsuccessful in relation to principal claims - Consideration by Full Bench of limited number of outstanding issues - Whether contracts could be voided in part for unfairness - Held no relevant provisions in contracts that could be voided for unfairness and therefore no money orders available to appellants - Leave granted to extend time to appeal in relation to costs - Leave to appeal granted - Appeal dismissed - Costs awarded to respondent - No costs order in relation to intervenor LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Burgess & Ors v Mount Thorley Operations Pty Limited (2002) 115 IR 13 Burgess and Ors v Mount Thorley Operations Pty Ltd [2003] NSWIRComm 432 HEARING DATES: 05/17/2004 DATE OF JUDGMENT: 07/28/2004