Alsford v Castech Pty Ltd & Anor [2001] NSWIRComm 259

Industrial Relations Commission of New South Wales in Court Session

CITATION : Alsford v Castech Pty Ltd & Anor [2001] NSWIRComm 259 APPLICANT Mathew Edward Alsford

PARTIES : FIRST RESPONDENT Castech Pty Ltd SECOND RESPONDENT David Thomas FILE NUMBER: IRC 706 of 2001 CORAM: Marks J CATCHWORDS : Application for relief from unfair contract - Application by second respondent to be dismissed from proceedings - Application dismissed LEGISLATION CITED : Industrial Relations Act 1996 s 106 Virtue v NSW Department of Education (1999) 92 IR 328 CASES CITED : Byrnes v FRB Industries Pty Ltd (2001) NSWIRComm 250 Reich v Client Server Professionals of Aust Pty Ltd (Administrator Appointed)(No 2) (2000) NSWIRComm 196 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 HEARING DATES: 10/19/2001 DATE OF JUDGMENT: 10/31/2001

APPLICANT Mr A T Britt of counsel SOLICITORS John F Morrissey & Co

LEGAL REPRESENTATIVES: SECOND RESPONDENT Ms E S Brus of counsel SOLICITORS Glynns Lawyers

JUDGMENT: - 1 - INDUSTRIAL RELATIONS OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Wednesday 31 October 2001 Matter No IRC 706 of 2001 MATHEW EDWARD ALSFORD v CASTECH PTY LTD & ANOR Application under s106 of the Industrial Relations Act 1996 INTERLOCUTORY JUDGMENT 1 The applicant Mathew Edward Alsford has issued proceedings under s 106 of the Industrial Relations Act 1996 ("the Act") claiming relief against the first respondent Castech Pty Ltd and the second respondent David Thomas. The summons is essentially directed to unfair conduct in the circumstances surrounding the termination of the applicant's employment by the first respondent. The first respondent is now in liquidation. The second respondent was at all relevant times the managing director of the first respondent and a shareholder, but not a substantial shareholder.