NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Ballard v Incoll Management Pty Limited [2002] NSWIRComm 78 APPLICANT/APPELLANT Richard Charles Ballard PARTIES : RESPONDENT Incoll Management Pty Limited FILE NUMBER: IRC 6622 of 2001 CORAM: Wright J President; Walton J Vice-President; Haylen J CATCHWORDS : Appeal - Unfair contract - Application for leave to appeal - Appeal limited to appeal from findings of trial judge and exercises of discretion - Principles applicable - Obligation on appellate court in relation to such appeals - No basis demonstrated to interfere with discretionary decision - Decision open to trial judge in other respects - Leave to appeal refused - Appeal dismissed. LEGISLATION CITED : Industrial Relations Act 1996 s 106 s 188 Ballard v Incoll Management [2001] NSWIRComm 181 CASES CITED : Ballard v Incoll Management (No 2) [2001] NSWIRComm 217 Pacific Health Care (Australia) Limited v AHI Health Care Systems Pty Limited [2001] NSWIRComm 297 HEARING DATES: 04/11/2002 EXTEMPORE JUDGMENT DATE : 04/11/2002
APPLICANT/APPELLANT In Person
RESPONDENT LEGAL REPRESENTATIVES: Mr R Reitano of counsel Solicitors: Leigh Virtue & Associates ( Mr P Macken)
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION FULL BENCH
CORAM: WRIGHT J, President WALTON J, Vice-President HAYLEN J
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