NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Tranter v Shaan Holdings Pty Ltd t/as Shaan Eyeworks and anor [2005] NSWIRComm 95
APPLICANT Mark Tranter
FIRST RESPONDENT PARTIES: Shaan Holdings Pty Ltd t/as Shaan Eyeworks
SECOND RESPONDENT Neil McColl
FILE NUMBER(S): 2453 of 2004
CORAM: Marks J
CATCHWORDS: Interlocutory proceedings - s 106 - whether the Court has jurisdiction - whether breach of term or provision itself constitutes unfairness- evidence taken at its highest in favour of the applicant - these proceedings distinguishable from Sydney Water as all relevant evidence has not yet been adduced - not "appropriate" at this time to determine matter - motion dismissed - order as to costs.
LEGISLATION CITED: Industrial Relations Act 1996 s 106
Majik Markets Pty Ltd v Brake and Service Centre Drummoyne Pty Ltd (1991) 28 NSWLR 443 Nagle v Tilburg (1995) 51 IR 8 CASES CITED: Sydney Water Corporation Limited v Industrial Relations Commission of New South Wales [2004] NSWCA 436. Tokyo Network Computing Pty Ltd v Tanaka [2004] NSWCA 263
HEARING DATES: 03/23/2005
DATE OF JUDGMENT: 04/13/2005
APPLICANT Mr R DeMeyrick of counsel Solicitor: Mr P J Carr Paris J Carr and Associates LEGAL REPRESENTATIVES:
RESPONDENTS Mr S Gardiner of counsel Solicitor: Mr A Longland Freehills Solicitors
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