Grech t/as Grech and Son Transport v Bing Lee Electrics Pty Ltd [2005] NSWIRComm 228

Industrial Relations Commission of New South Wales

CITATION: Grech t/as Grech and Son Transport v Bing Lee Electrics Pty Ltd [2005] NSWIRComm 228

APPLICANT Christine Grech t/as Grech and Son Transport PARTIES: RESPONDENT Bing Lee Electrics Pty Ltd

FILE NUMBER(S): 3124 of 2001

CORAM: Marks J; Macken Dr J; Tinney Mr G

Contract of Carriage - termination - compensation claim - constitution of Tribunal and proceedings.

Apprehended Bias Application: CATCHWORDS: Allegations of apprehended bias against Tribunal members during course of proceedings - application for Tribunal's disqualification made by respondents - allegations regarding Tribunal's consideration and processing of evidence - allegations accusing Tribunal members of colluding with court reporters to alter transcript - allegations and application rejected - referral of respondent's representatives to Legal Services Commissioner for professional misconduct - referral to Registrar for contempt proceedings against the respondent.

Substantive Proceedings: Jurisdiction - whether a contract of carriage existed - details of partnership - whether contract was terminated or varied - held contract did not come within s 346(1)(b) of Industrial Relations Act - held termination not unfair, harsh or unconscionable - claim dismissed - costs reserved.

LEGISLATION CITED: Industrial Relations Act 1996

Harkianakis v Skalkos (1997) 42 NSWLR 22 Johnson v Johnson (2000) HCA 48 CASES CITED: Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd (1956 - 1957) 98 CLR 93 Winnote Pty Ltd v Page (2005) NSWCA 362