Gase v. Hardy [2000] NSWIRComm 31

Industrial Relations Commission of New South Wales in Court Session

CITATION : Gase v. Hardy [2000] NSWIRComm 31 PARTIES : JUDITH MARI GASE v IAN CEDRIC HARDY FILE NUMBER: 1031 of 2000 CORAM: Peterson J Unfair contract - Interlocutory proceedings. Application for orders restraining respondent from interfering with auction of plant, equipment and stock - power of court to grant interlocutory relief - applicant will suffer substantial loss if orders not made - order made restraining respondent CATCHWORDS : Practice and procedure - service of notice of motion Application for substituted service - whether service on solicitor sufficient to bring proceedings to notice of respondent. Direction given for service on solicitor. LEGISLATION CITED : Industrial Relations Act 1996 Industrial Relations Commission Rules 1996 CASES CITED : Amos Removals & Storage Pty Ltd and ors. v. Small and Others (1981 2 NSWLR 525). HEARING DATES: 03/20/2000 EXTEMPORE JUDGMENT DATE : 03/20/2000

APPLICANT Ms M.A. Clifford of counsel SOLICITOR LEGAL REPRESENTATIVES: Thompson Eslick RESPONDENT No Appearance

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

IN COURT SESSION

CORAM: PETERSON J

DATE: 20 MARCH 2000

Matter No. IRC1031 of 2000

JUDITH MARI GASE v IAN CEDRIC HARDY

Application under s106 of the Industrial Relations Act 1996.

INTERLOCUTORY JUDGMENT (Ex tempore)

1 HIS HONOUR: This is a motion by the applicant in s.106 proceedings for orders for expedition and secondly and more importantly for present purposes, an interlocutory order restraining the respondent until further order from interfering with the auction of plant, equipment and stock, which are assets of the partnership business to which the proceedings relate, on 13 May 2000.