NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Green and anor v AMP Financial Planning Pty Ltd and ors No 3 [2004] NSWIRComm 264 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)
THIRD RESPONDENT AMP Capital Investors Limited (ABN 59 001 777 591) FILE NUMBER: 1028 of 2002 CORAM: Marks J CATCHWORDS : Unfair contract - application by applicants to separate hearing of unfairness/avoidance/variation issues from hearing of claim for monetary compensation - relevant principles - held inappropriate to allow separation by reason of the nature of the proceedings and witness common to both issues - application dismissed - costs reserved. LEGISLATION CITED : Industrial Relations Act 1996 ss 106(2) 106(5) ABB Engineering Construction Pty Ltd v Freight Rail Corp (1999) NSWSC 1037 CASES CITED : Idoport Pty Ltd v National Australia Bank and ors (2000) NSWSC 1215 HEARING DATES: 09/07/2004 DATE OF JUDGMENT: 09/10/2004
APPLICANTS Mr J Trew QC with Mr J W Murphy of counsel Solicitor: Mr M J Wright Trust Co of Australia Limited LEGAL REPRESENTATIVES: RESPONDENTS MR J West QC Solicitor: Mr R Forbes Mallesons Stephen Jaques
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