NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Green and anor v AMP Financial Planning Pty Ltd and anor [2004] NSWIRComm 135 FIRST APPLICANT Gary Sydney Green
SECOND APPLICANT Gary Green Pty Ltd (ACN 010 415 639) PARTIES : FIRST RESPONDENT AMP Financial Planning Pty Ltd (ABN 051 208 327)
SECOND RESPONDENT AMP Life Limited (ABN 84 079 300 379) FILE NUMBER: 1028 of 2002 CORAM: Marks J CATCHWORDS : Unfair contract - proposed further amended summons - whether substantial changes in allegations of unfairness against first and second respondents - whether time barred to bring proceedings against third respondnet - alleged unfairness directed to same contract - proposed changes considered - changes not substantial nor did they alter nature or character of claim - leave granted to amend summons. LEGISLATION CITED : Industrial Relations Act 1996 ss 106 108B Corporations Law s 851 Brown v Rezitis (1971-1972) 127 CLR 157 CASES CITED : Crowe v UCS Developments Pty Ltd (2003) NSWIRComm 234 Williams v Spautz (1992) 174 CLR 509 HEARING DATES: 05/24/2004 DATE OF JUDGMENT: 06/04/2004
APPLICANTS Mr J Trew QC Solicitor: Mr M J Wright
LEGAL REPRESENTATIVES: RESPONDENTS Mr J West QC with Mr Steele of counsel Solicitor: Mr R Featherston Mallesons Stephen Jaques
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