NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Hitchcock v CSR Limited [2002] NSWIRComm 170 APPLICANTS: James Hitchcock Ida Hitchcock PARTIES : RESPONDENTS: CSR Limited Monier PGH Holdings Limited FILE NUMBER: IRC 885 of 1998 CORAM: Wright J President CATCHWORDS : Unfair contract - Interlocutory application - Further discovery - Very late application - Circumstances relevant - Factors to be considered - Approach to procedural issues - Exercise of discretion - Prejudice - Application granted - Costs LEGISLATION CITED : Industrial Relations Act 1996 s 106 Hyde v Energy Australia (1999) 92 IR 409 CASES CITED : Van Rooy Machinery Pty Ltd v WorkCover Authority of New South Wales (2000) 97 IR 436 Western Sydney Area Health Service v Gibson (2001) 109 IR 359 HEARING DATES: 07/19/2002 DATE OF JUDGMENT: 07/22/2002
APPLICANTS: Mr P M Hall QC and Mr J P Berwick of counsel Gells Lawyers (Mr Michael Coffey) LEGAL REPRESENTATIVES: RESPONDENTS: Mr J P Phillips of counsel Harmers Workplace Lawyers (Mr Stephen Boatswain)
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: WRIGHT J, President
Monday 22 July 2002
Matter No IRC 885 of 1998
JAMES HITCHCOCK AND ANOTHER v CSR LIMITED AND ANOTHER Application under s.106 of the Industrial Relations Act 1996
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