NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Pride v Mark Hansen Real Estate Pty Limited [2003] NSWIRComm 239 APPELLANT Joy Pride PARTIES : RESPONDENT Mark Hansen Real Estate Pty Limited FILE NUMBER: IRC 6349 of 2002 CORAM: Wright J President; Walton J Vice-President; Boland J Appeal - Practice and procedure - Decision of Chief Industrial Magistrate holding that proceedings were defective - Decision of Chief Industrial Magistrate that there was no relevant provision permittting curing of defect - Provision of Regulation and previous Full Bench decision not drawn to Chief Industrial Magistrate's attention - Relevant power existed by virtue of cl 43(1) of Regulation and s 170(3) of the Act - Full Bench approves agreement of parties to uphold appeal and remit proceedings - Costs.
CATCHWORDS : Practice and procedure - Appeal - Decision of Chief Industrial Magistrate holding that proceedings were defective - Decision of Chief Industrial Magistrate that there was no relevant provision permittting curing of defect - Provision of Regulation and previous Full Bench decision not drawn to Chief Industrial Magistrate's attention - Relevant power existed by virtue of cl 43(1) of Regulation and s 170(3) of the Act - Full Bench approves agreement of parties to uphold appeal and remit proceedings - Costs.
Award - Award recovery proceedings before Chief Industrial Magistrate - Appeal - Practice and procedure - Decision of Chief Industrial Magistrate holding that proceedings were defective - Decision of Chief Industrial Magistrate that there was no relevant provision permittting curing of defect - Provision of Regulation and previous Full Bench decision not drawn to Chief Industrial Magistrate's attention - Relevant power existed by virtue of cl 43(1) of Regulation and s 170(3) of the Act - Full Bench approves agreement of parties to uphold appeal and remit proceedings - Costs. Industrial Relations Act 1996 s 170 LEGISLATION CITED : Industrial Relations Commission (General) Regulation 2001 cl 43 Industrial Relations Commission (General) Regulation 1996 cl 36 Suitors' Fund Act 1951 s 6 CASES CITED : Wadhera v Habib [2002] NSWIRComm 1050 HEARING DATES: 07/28/2003 EXTEMPORE JUDGMENT DATE : 07/28/2003
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