NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Michael Etherden and Anor v Morgo Street Reserve Trust [2005] NSWIRComm 269
FIRST APPLICANT (RESPONDENT ON MOTION) Michael Etherden
SECOND APPLICANT (RESPONDENT ON MOTION) PARTIES: Lynette Etherden
RESPONDENT (APPLICANT ON MOTION) Morgo Street Reserve Trust
FILE NUMBER(S): IRC 3512 of 2003
CORAM: Boland J
CATCHWORDS: Unfair Contract - Interlocutory proceedings - Motion to dismiss - Section 108B of Industrial Relations Act 1996 - Whether successive agreements constituted a single contract or arrangement or were separate contracts - Held that initial deed was separate contract - Held second agreement remained on foot albeit varied by later agreements - Claim dismissed in part - Costs
Crown Lands Act 1989 LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations Act 1996
Crowe v UCS Developments Pty Ltd (2003) 130 IR 266 Custom Credit Corporation Ltd v Goldsmith [1976] AR (NSW) 98 CASES CITED: Solution 6 Holdings Limited & Ors v Industrial Relations Commission of NSW & Ors (2004) 60 NSWLR 558 Tallerman & Co Pty Ltd v Nathan's Merchandise (Vict) Pty Ltd (1957) 98 CLR 93 The Commissioner of Taxation of the Commonwealth of Australia v Sara Lee Household & Body Care (Australia) Pty Limited (2000) 201 CLR 520
HEARING DATES: 07/19/2005
DATE OF JUDGMENT: 07/29/2005
APPLICANT (RESPONDENT ON MOTION) Mr P Coleman of counsel Solicitor: Mr D Petkovic Carroll & Associates LEGAL REPRESENTATIVES:
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