NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Fayle v Diveda Pty Ltd and ors [2004] NSWIRComm 257 APPLICANT Arthur Fayle
FIRST RESPONDENT Diveda Pty Ltd PARTIES : SECOND RESPONDENT Michael Charles Cadden
THIRD RESPONDENT Maren Riebe FILE NUMBER: 6547 of 2001 CORAM: Marks J CATCHWORDS : Unfair contract - orders for underpayment of award wages by Chief Industrial Magistrate against first respondent - second respondent, a director of and equal shareholder of first respondent, died after proceedings commenced - whether third respondent liable for compensation as director and equal shareholder of first respondent - whether culpability involved in unfairness of fixing remuneration under award rate - second, deceased, respondent found to have real management and control of business - contract of employment varied - summons against third respondent dismissed - costs re summons reserved - liberty to apply re balance of proceedings. LEGISLATION CITED : Industrial Arbitration Act 1940 s 88F Industrial Relations Act 1996 s106(5) CASES CITED : Ace Business Brokers Pty Ltd v Phillips-Treby [2000] NSWIRComm 163 Brown v Rezitis (1970) 127 CLR 157 HEARING DATES: 08/26/2004 DATE OF JUDGMENT: 09/08/2004
APPLICANT Solicitor: Mr P Adams Adams & Partners, Lawyers
LEGAL REPRESENTATIVES: THIRD RESPONDENT Mr P Strain of counsel Solicitor: Mr P Knudsen The Hargreaves Practice
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