Pacific Healthcare (Australia) Ltd v AHI Healthcare Systems Pty Limited [2001] NSWIRComm 297

Industrial Relations Commission of New South Wales in Court Session

CITATION : Pacific Healthcare (Australia) Ltd v AHI Healthcare Systems Pty Limited [2001] NSWIRComm 297 APPELLANT: Pacific Healthcare (Australia) Ltd (formerly Clinical Associates of Australia Limited) Pacific Healthcare Limited (UK) PARTIES : RESPONDENT: AHI Healthcare Systems Pty Limited Michael Joseph McGrath FILE NUMBER: IRC 3031 of 2001 CORAM: Wright J President; Walton J Vice-President; Hungerford J CATCHWORDS : Appeal - Unfair contract - Application for leave to appeal - Appeal substantially limited to appeal from exercise 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 - Costs LEGISLATION CITED : Industrial Relations Act 1996 s 191 AHI Healthcare Systems v Clinical Associates of Australia [2001] NSWIRComm 38 CASES CITED : House v The King (1936) 55 CLR 499 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Western Sydney Area Health Service v Gibson [2001] NSWIRComm 290 HEARING DATES: 11/19/2001 EXTEMPORE JUDGMENT DATE : 11/19/2001

APPELLANT: Mr G J Hatcher of counsel Henry Davis York, Lawyers (Mr Anthony Woods/Ms Vanessa Andersen) LEGAL REPRESENTATIVES: RESPONDENTS: Mr J N West QC and Mr A B Gotting of counsel Haywards, Solicitors (Mr Phil Hayward)