NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Choi v Yim & Anor [2003] NSWIRComm 425 APPLICANT Hyun Sung (Marco) Choi PARTIES : FIRST RESPONDENT Sin Yong Yim SECOND RESPONDENT Tae Sik Kim FILE NUMBER: IRC 7002 of 2001 CORAM: Marks J CATCHWORDS : Strike out application of unfair contract proceedings made before substantial hearing - Allegation that unfair contract made orally - Held not appropriate time to consider application - Motion dismissed with costs. LEGISLATION CITED : Industrial Relations Act 1996 s105 s106 Nagle v Tilburg (1993) 51 IR 8 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Euphoric v Ryledar (2002) 117 IR 1 HEARING DATES: 11/18/2003 DATE OF JUDGMENT: 12/11/2003
APPLICANT Mr I C Latham of counsel SOLICITORS Burn & Swift LEGAL REPRESENTATIVES: RESPONDENTS Mr J M Miller of counsel SOLICITORS Dibbs Barker Gosling
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Thursday 11 December 2003 Matter No IRC 7002 of 2001
HYUN SUNG (MARCO) CHOI v SIN YONG YIM & ANOR Application under s 106 of the Industrial Relations Act 1996 INTERLOCUTORY JUDGMENT ON STRIKE OUT APPLICATION NSWIRComm 425 [2003]
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